W. F. Jahn & Co. v. Puyallup & Sumner Fruit Growers Canning Co.

Citations

• 119 Wash. 422
• 205 P. 833
• 1922 Wash. LEXIS 789

Syllabus

<p>Sales (75) — Performance of Contract — Inspection and Approval — Fraud—Evidence—Sufficiency. A buyer having the privilege of calling for inspection at the point of delivery, its acceptance of and payment for cars of hay without such inspection affords no support for a charge of fraud in the certificate of inspection issued at point of shipment.</p> <p>Sales (42) —Contract—Modification — Evidence — Sufficiency. A written contract for the sale of hay, subject to the rules of an exchange permitting twenty per cent inferior grade to be tendered, is not modified by correspondence between the parties in which the seller, after several shipments had been rejected by the buyer, gave assurance that the balance of the hay would be satisfactory to the buyer and that the contract would be completed with No. 1 hay.</p>