Wright v. Computing Scale Co.

Citations

• 47 Wash. 107
• 91 P. 571
• 1907 Wash. LEXIS 719

Syllabus

<p>Sales—Breach of Warranty—Defenses—Contracts—City Ordinance as Part of Contract. In an action upon a warranty of computing scales that it would weigh correctly, to recover losses sustained hy reason of false weights, which were not discovered until inspection hy a city inspector, an ordinance of the city forbidding the use of any weight or scale until the same is inspected, is a defense to the action, as the ordinance becomes a part of the contract.</p> <p>Sales—Breach of Warranty-—Damages. The measure of damages upon breach of a warranty that scales will weigh correctly is the sum paid therefor, and does not include losses by reason of false weights, where a city ordinance prohibited the use of any weight or scale until the same was inspected by a city inspector, and such an inspection, or ordinary care on the part of the purchaser, would have disclosed the defect in the scales.</p>