Washington Iron Works v. McNaught

Citations

• 35 Wash. 10
• 76 P. 301
• 1904 Wash. LEXIS 407

Syllabus

<p>Guaranty — Consideration. There is sufficient consideration for a contract guaranteeing the payment for machinery sold and delivered on board of one of the purchaser’s boats, where one dollar is the expressed consideration and the vendor refused to let the boat depart without payment of the balance due, and gave permission in consideration of the written guaranty.</p> <p>Saxes — Delivery—Demurraoe on Delay. Nothing is due for delay in delivering machinery sold under a contract providing for $100 a day demurrage where, shortly before the day fixed, the contract was modified to include additional machinery and sixty days was given within which, to manufacture the same, and the machinery was delivered in said time.</p> <p>Guaranty — Extension oe Time — Acceptance oe Drafts. The acceptance of drafts extending the time for payment does not operate to discharge a guarantor, when they were drawn at his request or at the request of his agent, and for his benefit.</p> <p>Evidence — Letters—Competency-—Authority oe Asent. Although a letter not shown to be signed by an authorized agent might not be competent as an independent letter, it is admissible when referred to in a letter of the duly authorized agent, where both letters are offered as one.</p> <p>Trial — Instructions. Instructions which are not justified by any evidence are properly refused.</p>