Legal Opinion
Kibler v. Frank L. Garrett & Sons, Inc.
Washington Supreme Court
Decided April 4, 1968No. 39024PublishedCited by 16 opinions
1Opinion of the CourtRosellini, J.
This action on a contract was dismissed at the close of the plaintiff’s evidence, the trial court finding, although it had not been pleaded, that there had been an accord and satisfaction. The plaintiff has appealed.
The facts are these: The plaintiff was hired by the defendant to harvest his wheat crop. There was no agreement on the price to be paid. According to the plaintiff’s evidence, he told the defendant that, if the wheat crop proved to be more than 50 bushels per acre, the price would be 18 cents per bushel and perhaps more, depending on the circumstances. He testified that the crop…
2Cases cited4 opinions
- Graham v. New York Life InsuranceWashington Supreme Court · 1935
- Ingram v. SausetWashington Supreme Court · 1922
- Washington Fish & Oyster Co. v. G. P. Halferty & Co.Washington Supreme Court · 1954
- Brear v. Klinker Sand & Gravel Co.Washington Supreme Court · 1962
3Cited by16 opinions
- Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
- Department of Fisheries v. J-Z Sales Corp.Court of Appeals of Washington · 1980
- Gorge Lumber Co. v. Brazier Lumber Co.Court of Appeals of Washington · 1972
- Oedekoven v. OedekovenWyoming Supreme Court · 1975
- Plywood Marketing Associates v. Astoria Plywood Corp.Court of Appeals of Washington · 1976
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