Standard Lumber Co. v. Deer Park Lumber Co.

Citations

• 104 Wash. 84
• 175 P. 578
• 1918 Wash. LEXIS 1149

Syllabus

<p>Vendor and Purchaser (150) — Remedies of Vendor — Actions for Purchase Money — Defenses—Defect in Quantity. In an action for balance due on the purchase price of timber lands, mill and other property, defendant cannot claim a deduction for a shortage in the estimated quantity of 25,000,000 feet of white pine, where the quantity was not guaranteed and the vendees started their own cruise, which indicated to them a shortage before the contract was entered into.</p> <p>Same (156) — Remedies of Vendor- — -Actions for Purchase Money — Amount of Recovery. Where there was a sale in gross of timber lands, mill and other property, which was to be paid for by the deduction of the debts of the vendor and $10,000 paid by the vendees, and balance in preferred stock with interest without specifying any time for delivery, in an action for the price upon the vendees’ default and refusal to deliver any stock, the vendor is entitled to a judgment in entirety for the balance due payable at once, instead of judgment for future payments evidenced by obligations of the defendant.</p>