Wheeler v. Pitwood

Citations

• 104 Wash. 1
• 175 P. 289
• 1918 Wash. LEXIS 1120

Syllabus

<p>Contracts (36, 38) — Requisites—Validity of Assent — Fraud— Evidence — Sufficiency. An engineer and contractor is not shown to have been guilty of fraud in securing a contract to furnish diagrams and steel for a building, by false representations as to the amount of steel required, where, upon invitation, he merely made a lump sum bid on the job, agreeing to furnish all the steel required, as shown by blue prints and drawings furnished to him, from which he estimated about 45 tons of steel would be needed, and from which any competent person could figure the amount required, subject to a variation of 10 per cent; although the- job actually required but 39 or 40 tons.</p> <p>Evidence (169) — Parol Evidence to Vary Writing — Prior Oral Agreement — Time for Performance. Where a written contract to furnish material for a building did not specify the time for delivery, a reasonable time will be implied, and evidence of a prior oral agreement is inadmissible to vary the construction legally implied from the writing itself.</p> <p>Contracts (134) — Construction — Building Contract — “Stock Shipments” — Reasonable Time. A contract by an engineer to furnish diagrams and structural steel for a building, which provided that he was to proceed at once to order the steel from a certain jobber, all steel to be “stock shipments,” is complied with by ordering from the jobber, although a small portion had to be ordered by the jobber from the mill because not in stock, where it was all furnished within the reasonable time called for by the contract.</p>