Legal Opinion

Nilsen v. Ebey Land Co.

Washington Supreme Court

Decided March 15, 1916No. 13195PublishedCited by 1 opinion

Appeal by plaintiffs from a judgment of the superior court for Snohomish county, Alston, J., entered March 9, 1915, upon the verdict of a jury rendered in favor of the plaintiffs, in an action on contract.

1Opinion of the CourtBausman, J.

The complaint alleged a sale of “goods, wares, and merchandise” of reasonable and agreed value without stating what they were or on what precise dates they were sold, the only description being in a subsequent bill of particulars which contained many items of various dates. The answer, after denials, alleged, by way of rescission, that defendants had bought from plaintiffs an engine, which, being found worthless, was tendered back.

The case comes to us on a bill of exceptions which includes only the pleadings and the instructions. The substance of the latter shows that the jury was allowed to…

2Cases cited1 opinion

  1. Dudley v. DuvalWashington Supreme Court · 1902

3Cited by1 opinion

  1. Kerr v. HansenWashington Supreme Court · 1926

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