W. J. Jahn & Co. v. Yakima Produce & Trading Co.

Citations

• 120 Wash. 164
• 206 P. 944
• 1922 Wash. LEXIS 875

Syllabus

<p>Action (10)—Nature and Form—Legal or Equitable Action. An action for the return of a deposit on the sale of hay is at law and not in equity, where the complaint alleges the contract and part performance, and that the contract was rescinded hy the seller’s failure to comply therewith.</p> <p>Damages (34, 36)—Liquidated Damages — Sales—'Contract — Performance or Breach. A forfeiture of a deposit on the sale of hay, as liquidated damages, cannot he claimed by the seller where he was unable to perform his part of the mutual concurrent, and dependent obligations, and could not deliver the quality of hay called for in the contract.</p>