Legal Opinion

Smith v. Bolster

Washington Supreme Court

Decided August 26, 1912No. 10297PublishedCited by 9 opinions

Appeal from a judgment of the superior court for Spokane county, Hinkle J., entered January 4, 1912, upon findings in favor of the defendant, in an action on contract.

1Opinion of the CourtMorris, J.

Action to recover $900 balance due on the purchase of an automobile, and $39.05 balance due on an open account. Respondent resisted recovery upon the ground that the car was not in the condition represented at the time of the purchase, and that there was a further breach in that it would not run eleven miles on a gallon of gasoline, as guaranteed by appellant. The court below found that *2the car was not in as good condition as represented by appellant, and because thereof respondent was damaged to the extent of $250. It was also found that the car would not run eleven miles on a gallon of…

2Cases cited3 opinions

  1. Clark v. RallsSupreme Court of Iowa · 1878
  2. Morley v. Consolidated Manufacturing Co.Massachusetts Supreme Judicial Court · 1907
  3. Warren v. Walter Automobile Co.Appellate Terms of the Supreme Court of New York · 1906

3Cited by9 opinions

  1. Fairbanks Steam Shovel Co. v. Holt & JefferyWashington Supreme Court · 1914
  2. Schroeder v. Hotel Commercial Co.Washington Supreme Court · 1915
  3. International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
  4. Wat Henry Pontiac Co. v. BradleySupreme Court of Oklahoma · 1949
  5. Getty v. Jett Ross Mines, Inc.Washington Supreme Court · 1945

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