Womach v. Case Threshing Machine Co.

Citations

• 62 Wash. 661
• 114 P. 509
• 1911 Wash. LEXIS 763

Syllabus

<p>Corporations — Actions—Service of Summons — Agents. Under the statute authorizing actions against a foreign corporation doing business in this state by serving of summons on any agent within the state, a domestic corporation appointed the agent at L. of a foreign corporation under a contract to sell its machinery for the season of 1909, at the prices and on the terms fixed by the principals, and account for the proceeds, is an agent upon whom service of summons may be made.</p> <p>Principal and Agent — -Powers of Agents — Limitations—Sales. A contract for the sale of a separator, providing that general agents of the seller had no general agency powers, does not limit the powers of an agent sent by the company to deal with reference to conditions arising subsequent to the execution of the contract, when it was found that the machine was unable to do its work.</p> <p>Sales — Contracts—Warranty—Trial by Buyer. A contract for the sale of a separator, providing for notice if the machine failed to comply with the warranty after a trial of ten days, does not require a full ten days’ trial, but only that a sufficient trial be given to demonstrate that it was incapable of doing its work.</p> <p>Sales — Contract—Warranty —Notice— Defects— Sufficiency. Where a contract for the sale of a separator provided that notice be given the seller of the failure of the machine to comply with the warranty, the fact that'the buyer had purchased another machine before the notice was sent does not affect the timeliness of the notice.</p> <p>o Same. Under a contract for the sale of a separator, providing that notice of defects shall specify the defective part, a notice that the separator would not thresh and save the grain is sufficient, where the fault lay with the separator, and the cause could not be ascertained by the buyer or the seller’s experts.</p> <p>Sales — -Contract—Construction. A clause in a printed form of a contract for the sale of a separator providing that defects as to on