Wright v. Seattle Grocery Co.

Citations

• 105 Wash. 383
• 177 P. 818
• 1919 Wash. LEXIS 581

Syllabus

<p>Frauds, Statute of (37)—Sale of Goods—Memorándum—Sufficiency. A memorandum showing the date, name and address of the purchaser and the statement of goods sold with the agreed price, is a sufficient compliance with the statute of frauds, although all the details are not stated and the complaint alleges an agreement partly oral and partly written.</p> <p>Appeal (389)—Review—Amendments. Under Rem. Code, §1752, requiring disregard of technicalities and amendments considered as made, defects in a complaint capable of amendment are not material when the cause was tried as if upon a sufficient complaint.</p> <p>Frauds, Statute of (38)—Sale of Goods—Memorandum—Signature. Rem. Code, § 5290, requiring a note or memorandum of a sale of goods exceeding fifty dollars to be “signed by the party to be charged thereby” is satisfied where it is signed by and may be enforced against the seller, although not signed by the purchaser.</p> <p>Same (38)—Sale of Goods. The use, by the seller of flour, of a blank form, with its name printed at the top, .filled out by its authorized agent showing the terms of the contract of sale, is a sufficient “signing” of the contract by the seller to satisfy the statute of frauds.</p> <p>Same (37)—Hale of Goods — Memorandum — Sufficiency. A memorandum of a sale of flour setting forth the purchaser and seller, the quantity and character of the goods, the price therefor and the date of sale, shows a complete contract and satisfies the statute of frauds, although time and place of delivery were not given.</p> <p>Sales (34, 35)—Delivery—Time and Place. Where the time and place of delivery of goods sold are not specified there is a presumption of a reasonable time; and both parties doing business in the same city, a like presumption fixes that point as the place of delivery.</p> <p>Evidence (175)'—Parol Evidence to Vary Writing—Ambiguity. Parol evidence explaining what was meant by “1 car” of flour, and showing amount contained in a car shipped at the tim