Wieland Bros. v. Chlopeck Fish Co.

Citations

• 55 Wash. 508
• 104 P. 789
• 1909 Wash. LEXIS 790

Syllabus

<p>Sales' — Caveat Emptor — Inspection and Cabe — Estoppel. Where 100 barrels of fish were purchased from packers in December and ordered stored in a warehouse, upon the packers stating that they could not hold them until the expected shipping date, January 15, and the packers delivered the fish after inspecting them according to the ordinary custom, and agreed to have them looked over at intervals while in storage for leakage, the principle of caveat emptor applies, in the absence of fraud; and the duty of inspection and care after January 15 devolved upon the purchaser, who cannot recover for spoiled fish where most of the lot was kept in the storage until June and- not examined until August, part of a shipment in April having been found to be spoiled, and it being more difficult to keep fish untainted in the summer than in the winter season, and that strengthening of the brine was generally necessary.</p>