Moulden & Sons, Inc. v. Osaka Landscaping & Nursery, Inc.
Court of Appeals of Washington
1Opinion of the CourtSoule, J.
— Plaintiff brought an action to recover the unpaid portion of the price of a quantity of cinders delivered to the defendant. Defendant counterclaimed for expenses incurred because the plaintiff initially delivered cinders which failed to meet the size specifications. Plaintiff recovered on its action and defendant's claim was dismissed. Defendant appeals the dismissal of its counterclaim.
In July of 1973, Osaka Landscaping & Nursery, Inc. (defendant), placed an oral order with Moulden & Sons, Inc. (plaintiff), for the delivery of cinders which were to be no larger than 1/4 inch in size. These…
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