Robinson Co. v. McClaine
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Blake, J., entered February 3, 1917, upon findings in favor of the defendant, in an action on contract, tried to the court.
1Opinion of the CourtMorris, J.
Action to recover damages claimed upon the alleged breach of a contract to deliver hay.
The contract and failure to deliver is admitted, the defense, sustained by the lower court, being that the hay was a specific lot belonging to respondent and grown upon a Montana ranch, which, subsequent to the contract, was, without fault of the respondent, totally destroyed. The determinative question is, Was it a sale of a specific property or a sale only of a specific quantity? If the first, the judgment is right; if the second, it is wrong. The contract is to be determined from a number of letters…
2Cases cited4 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Ontario Deciduous Fruit Growers' Ass'n v. Cutting Fruit Packing Co.California Supreme Court · 1901
- International Paper Co. v. RockefellerAppellate Division of the Supreme Court of the State of New York · 1914
- McMillan v. FoxWisconsin Supreme Court · 1895
3Cited by3 opinions
- Pearce-Young-Angel Co. v. Charles B. Allen, Inc.Supreme Court of South Carolina · 1948
- Snipes Mountain Co. v. Benz Bros. & Co.Washington Supreme Court · 1931
- Board of County Commissioners of Hughes County v. BuseySupreme Court of Oklahoma · 1933