Washington Manufacturing Co. v. Midland Lumber Co.

Citations

• 113 Wash. 593
• 194 P. 777
• 1921 Wash. LEXIS 561

Syllabus

<p>Sales (77) — Delivery—Excuses foe Default — 'Wae Embargo— Diligence. The lumber embargo during the late war did not excuse defendant’s failure to comply with the contract for the sale of twenty car loads of clear fir lumber, where no diligence was exercised to secure a release of the lumber from the embargo, while other companies had no difficulty in securing such releases.</p> <p>Sales (29)- — Subject-Matter — Quantity and Ascertainment Thereof. In an action for breach of contract to furnish twenty car loads of lumber, error cannot be assigned ini not finding the capacity of the cars and in fixing upon the minimum capacity to determine the damages and crediting thereon a partial shipment, where the obligation was to load cars to the minimum capacity, and there is no way to determine from the order how many feet of each kind of material would have been contained in ears of minimum capacity to fix accurately the value thereof.</p>