Yamaoka v. Kloeber

Citations

• 71 Wash. 598
• 129 P. 387
• 1913 Wash. LEXIS 1372

Syllabus

<p>Sales — Breach by Seller — Damages—Measure. Where pedigreed breeding stock was sold for export to Japan on the representation that it was registered and under an agreement to deliver registration certificates, with full knowledge of the market conditions in Japan, where the expense of marketing them was great and without the certificates the stock was valuable only as beef, the measure of damages is the difference between the value of the stock in Japan as contracted for and the value without the certificates; and damages in a large sum based upon reasonably certain evidence will be upheld as reasonably within the contemplation of the parties.</p> <p>Sales — Breach of Seller — Defenses. A seller of pedigreed stock, who agreed to furnish certificates of registration, cannot escape liability for breach of the agreement by asserting that he was only a broker.</p> <p>Damages — Breach -by Seller — Mitigation of Damages. A purchaser of pedigreed stock, under an agreement whereby the seller was to furnish certificates of registration, is not bound to mitigate the damages by procuring the certificates, where the information necessary for an application for registration was in the exclusive possession of the seller.</p>