Victor Safe & Lock Co. v. O'Neil

Citations

• 48 Wash. 176
• 93 P. 214
• 1908 Wash. LEXIS 826

Syllabus

<p>Evidence — Parol Evidence to Vary Writing — Sales—Waiver oe Verbal Agreement. Upon the sale of a safe by a written order, wbicb expressly waived all claims for verbal agreements not embodied in tbe writing, and wbicb was addressed to, and subject to the approval of, the home office at C., it is incompetent for tbe vendees to show a verbal agreement that tbe safe was to be shipped immediately from an agency at P., and was purchased only on such condition.</p> <p>Sales — Delivery—Time por Comedíanos avith Order. An order for a safe, to be shipped “as soon as possible” is complied with where no finished safes were in stock when tbe order was received, but one in tbe course of manufacture was rushed to completion with diligence and shipped nineteen days after receipt of the order.</p> <p>Same — Withdkawal of Order — Action foe Peice — Defenses. A conditional threat to withdraw an order for a safe, if not found to be as represented, or unless the same should be submitted to a test, doe's not amount to a withdrawal of the order in law which would constitute a defense to an action for the price.</p>