W. E. Moses Land Scrip & Realty Co. v. Stack-Gibbs Lumber Co.

Citations

• 56 Wash. 529
• 106 P. 207
• 1910 Wash. LEXIS 839

Syllabus

<p>Sales — Breach—Damages—Action by Vendor — Evidence—Sufficiency. The evidence is sufficient, as against a motion for nonsuit, to sustain an action for breach of a contract to sell land scrip, where the officers of the defendant corporation introduced the plaintiff’s representative to one R. as its agent and representative for the purchase of scrip, that after negotiations, R. made a definite offer for scrip at a stated price, which was tendered to the defendant, and was satisfactory to the defendant’s secretary, who asked that the scrip be held pending a telegram for funds, that defendant failed to secure funds and refused to complete the sale, and that the scrip cost plaintiff $100,000 and plaintiff had been damaged in the sum of $50,000.</p> <p>Corporations — Contracts—Representation—Authority of Officers and Agents. A corporation is bound by a contract for the purchase of land scrip where it was interested in that business and placed its vice president and secretary in sole charge of its head office with apparent authority to deal in scrip, and they designated an agent as the corporation’s agent with authority to represent it in the purchase of scrip, and did not promptly disavow a contract made by the agent.</p> <p>Frauds, Statute of — Pleading. The defense that a contract is void under the- statute of frauds for want of sufficient memorandum must be specially pleaded.</p> <p>Same — Memorandum of Sale — Sufficiency. A signed offer for five thousand acres of “Northern Pacific Scrip,” under a specified act of Congress, the price to be “fifteen dollars per acre net to you,” is a sufficient memorandum of the sale of goods, wares and merchandise to take the same out of the operation of the statute of frauds, although it fixes no time for tender and payment, as a reasonable time would be presumed to be contemplated.</p> <p>Evidence — To Vary Writing — Admissibility. Oral evidence to define and explain the term “Northern Pacific Scrip,” issued under a specified act o