Carman Distributing Co. v. Cascade Laundry Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Oswald, J., entered October 27, 1919, upon finding’s in favor of the plaintiff, in an action on contract, tried to the court.
1Opinion of the CourtMackintosh, J.
The respondent is suing for the value of a roll of canvas sold on October 22, 1918. In defense to the action, the appellant says that the canvas was sold by sample, which was sent from the respondent’s place of business in Omaha to the appellant in Spokane, and that the appellant made the sale by telegraphed acceptance, based upon the sample, and that the canvas shipped was not in accordance with the sample. In reply, respondent denied that the canvas was not according to sample, and alleged that the appellant had accepted the canvas by waiting an unreasonable time after its receipt before…
2Cases cited3 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Kleeb v. Long-Bell Lumber Co.Washington Supreme Court · 1902
- Grabfelder v. VosburghAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Grainger Bros. v. G. Amsinck & Co.Court of Appeals for the Eighth Circuit · 1926