Tilden v. Gordon & Co.

Citations

• 34 Wash. 92
• 74 P. 1016
• 1904 Wash. LEXIS 315

Syllabus

<p>Appeal and Error — Trial—Evidence—Harmless Error on Trial de novo. It is not error for tbe trial court where a jury is waived, to receive evidence subject to objection, and make up findings without announcing any ruling thereon, since the cause is tried de novo on appeal and reversed only for the rejection of proper testimony, improper testimony being disregarded.</p> <p>Same. In a cause tried by a court without a jury, the fact that witnesses undertook to give reasons in support of positive statements, is not objectionable, where they can be separated.</p> <p>Sales — Made Through Broker — Action by Dealer Against Purchaser. Where merchandise was ordered through a broker, kn'owing that he would secure it from a dealer, the transaction, when completed, is a purchase direct from the dealer, who may maintain an action against the purchaser.</p> <p>Novation — Substitution Necessary — Sale oe Perishable Goods Without Waiver op Rights. Where perishable merchandise shipped to the dealer was rejected on account of quality, and the seller refused to accept a return of the goods, an agreement, pending the settlement, that the same might be sold at the best price obtainable, without waiving the rights of either party, is not a novation, since there is no substitution of one obligation for another.</p> <p>Tender — When Unconditional — Acceptance Not an Abandonment op Plainthtp’s Action — Costs. A conditional tender of money by defendant in full satisfaction of a claim, is waived by bringing the same into court without condition, and its acceptance by plaintiffs, while so unconditionally tendered, does not waive any rights, and cannot be pleaded in a supplemental answer as an abandonment of the right of action, since the tender only affects the question of costs.</p>