Stimson Mill Co. v. Rogers

Citations

• 115 Wash. 589
• 197 P. 919
• 1921 Wash. LEXIS 777

Syllabus

<p>Appeal (418)—Review—Findings. A finding of the trial court Based on conflicting evidence will not Be reversed on appeal, where it cannot Be said that the preponderance of the evidence is against the finding.</p> <p>Contracts (156)—Breach—Failure of Performance. In an action for damages for Breach of a contract to furnish a certain quantity of railroad ties of specified grade and sizes, which were to Be kept separate on making delivery aboard ship, the liability of defendant was established, where it refused to complete its contract on the ground that its first partial delivery was not accepted in full, the evidence showing that many of the ties did not comply with specifications, and that the different kinds of ties were so intermingled that the stevedores, after partially unloading the Barge, refused to handle the. rest of the load; the fact that some of the suitable ties were lost overboard and others were not accepted owing to defendant’s noncompliance with the condition against intermingling affording no excuse for refusal to perform the Balance of the contract.</p> <p>Damages (64, 71)—Measure of Damages—Breach of Contract— Defects in Performance—Market Value. In an action for damages for Breach of contract to supply a special kind of railroad ties, which the proof showed were superior to standard ties, it was not error to Base the measure of damages on the market value of standard ties at the time and place they were required to Be delivered, instead of Basing the measure on the market value of the special class of ties in the nearest available market for that class, less the cost of transportation to such market.</p>