Wisconsin Lumber Co. v. Pacific Tank & Silo Co.

Citations

• 76 Wash. 452
• 136 P. 691
• 1913 Wash. LEXIS 1836

Syllabus

<p>Sales — Time of Payment — Evidence — Sufficiency. A finding that sixty days’ credit for trade discounts was given is warranted, where the order was silent as to the time of payment, but the acceptance of the order stated those terms, and the seller’s general manager testified that those were the terms of sale.</p> <p>Appeal — Review—Waiver of Error. Appellant cannot predicate error on a finding of fact as alleged and proved by him.</p> <p>Appeal — Review—Findings. Findings on contested facts will not be disturbed on appeal where the evidence to the contrary is not so preponderating as to show error.</p> <p>Sales — Delivery—Damages for Delay — Waiver. The mere receipt of part of goods purchased subsequent to the time fixed for delivery, does not waive the right to recover damages for the delay, especially where attention was repeatedly called to such damages.</p>