Spirit Valley Lumber Co. v. A. H. Averill Machinery Co.

Citations

• 49 Wash. 46
• 94 P. 650
• 1908 Wash. LEXIS 523

Syllabus

<p>Sales — Contracts — Special Warranty — Construction —Remedies of Vendee. Upon the sale and return of a road locomotive under a special warranty providing that if the engine is returned after a ninety-day test, the vendee shall pay the vendor $1.20 per thousand for all lumber hauled during the test, “less the actual engine expense paid and less the freight money paid by the purchasers,” the accounts are balanced where such expense exceeds the toll for hauling lumber; and a judgment in favor of the vendee for the excess of expense and freight paid is unwarranted.</p> <p>Same. The purchaser of a road engine is not entitled to recover damages for breach of an implied warranty, where the machine was sold under written general and special warranties, which provided for a ninety-day test and the return of the machine within that time, if not satisfactory, with cancellation of notes for the purchase price and no further claim to be made upon the vendor; the special warranty further providing for certain payments for use of the engine, less sums paid out for engine expense and freight.</p> <p>Same — Remedies of Vendor. Upon the return of an engine for failure to comply with a special warranty providing for a test, the vendor is not entitled to recover for goods and wares placed upon the engine and returned with it at the end of the test.</p>