Smith Sand & Gravel Co. v. Corbin
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Yakey, J., entered January 2, 1913, granting a new trial, after a verdict for the plaintiff, in an action on contract.
1Opinion of the Court
On Rehearing.
Ellis, J.
— The opinion of Department One on the first hearing of this case will be found in 75 Wash. 635, 135 Pac. 472. We restate the facts necessary to a discussion of what we now deem the decisive question. This is an action for damages for an alleged breach of contract. On July 29, 1909, by a contract in writing, the plaintiff agreed to remove all rock from the defendant’s land in Spokane to a level of six inches below the grade of the adjoining street, and the defendant agreed to pay therefor at the rate of fifty cents a cubic yard. There was no express provision as to the…
2Cases cited23 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Feeney v. HowardCalifornia Supreme Court · 1889
- Self v. KingTexas Supreme Court · 1866
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Rochester v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1913
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Buyken v. ErtnerWashington Supreme Court · 1949
- Union Machinery & Supply Co. v. DarnellWashington Supreme Court · 1916
- McGregor v. First Farmers-Merchants Bank & Trust Co.Washington Supreme Court · 1935
- Van Doren Roofing & Cornice Co. v. Guardian Casualty & Guaranty Co.Washington Supreme Court · 1917
- Tacoma Mill Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.