Sheeran v. Ford Grain Co.

Citations

• 71 Wash. 604
• 129 P. 378
• 1913 Wash. LEXIS 1373

Syllabus

<p>Beokers — Contract foe Commissions — Performance—Violation of Instructions. A broker authorized to purchase wheat at 75 cents per bushel net at warehouse, which gave the purchaser control of the shipping, did not perform his contract, where he purchased it at 78 cents, f. o. b., which gave the seller control of the shipping; especially where he reported the sales at “75 cents net to the farmer,” when the warehouse charges were only 1% cents; and where he purchased certain wheat on his own responsibility at a price three cents per bushel in excess of the authorized price.</p> <p>Same — Actions for Commissions — Offset of Damages by Violation of Instructions. In such a case, where the broker was instructed to return and get the price reduced according to instructions, which he was unable to do, whereupon the purchaser secured a cancellation of the contracts and accepted the wheat at 77 cents, f. o. b., the same was in the nature of a compromise, and in an action by the broker for commissions, the purchaser is entitled to offset its damages by reason of the excess price paid and its expenses.</p>