Tacoma & Eastern Lumber Co. v. Field & Co.

Citations

• 100 Wash. 79
• 170 P. 360
• 1918 Wash. LEXIS 705

Syllabus

<p>Sales—Modification — Consideration — Executed Contract. In the absence of an independent consideration therefor, the contract for a sale of lath to be inspected by a bureau, whose certificate was final, cannot be modified by an agreement for a reinspection after it had become executed on the one side by the inspection and delivery called for in the contract.</p> <p>Same — Construction of Contract — Inspection. A contract for the sale of lath to be subject to inspection at the seller’s expense, followed by provision for delivery, calls for but one inspection, reasonably inferred to be before delivery.</p> <p>Evidence—Declarations—Admissions of Agent. Where a seller of lath requested another inspection, with a view of confirming the previous inspection, which the contract states to be final, the last inspector is constituted the agent of the seller, and his report is admissible against the seller as a declaration against interest.</p> <p>Evidence—Expert Evidence—Sales—Inspection—Impeachment— Fraud. Although a contract for the sale of lath provided that it should be inspected by a bureau and up to a certain standard and that the certificate of inspection should be final and conclusive, expert opinion that it was in fact not up to standard is admissible upon the issue as to whether the first inspector was so grossly mistaken as to be chargeable with fraud or bad faith.</p> <p>Same. In such case, the mistake which would justify an impeachment of the inspection must be more than a mere error of judgment and must amount to fraud.</p> <p>Same. In such case, the expert may not state whether the lath were fairly and properly inspected with reasonable care, since it would be the conclusion as to the motive of the inspector and not an opinion on the question of fact in issue.</p> <p>Discovery—Striking Interrogatories. Where error is committed in failing to grant a motion to strike interrogatories made prior to trial, the court may correct the error by excluding them at the t