Legal Opinion
Jones-Scott Co. v. Ellensburg Milling Co.
Washington Supreme Court
Decided August 5, 1919No. 15359PublishedCited by 4 opinions
Appeal from a judgment of the superior court for Kittitas county, Davidson, J., entered November 18, 1918, upon sustaining a demurrer to the complaint, dismissing an action on contract.
1Opinion of the CourtMount, J.
This action was brought to recover damages because defendant failed and refused to carry out a contract for the purchase of ten thousand (10,000) bushels of wheat. When the original complaint was filed, the defendant demanded, and was furnished with, a bill of particulars setting out the contract relied upon. This bill of particulars consisted of four letters written between the parties, as follows:
“August 13, 1917.
“Ellensburg Milling Company,
“Ellensburg, Washington. Attention Mr. Helm.
‘ ‘ Gentlemen:
“We confirm sale of 10,000 bushels of Bluestem on the 11th at $2.44, f. o. b. cars Eureka Flat…
2Cases cited3 opinions
- Ryan v. United StatesSupreme Court of the United States · 1890
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- Underwood v. StackWashington Supreme Court · 1896
3Cited by4 opinions
- Alaska Independent Fishermen's Marketing Ass'n v. New England Fish Co.Court of Appeals of Washington · 1976
- Grant v. AuvilWashington Supreme Court · 1951
- Bethel v. PrestonWashington Supreme Court · 1930
- Jones-Scott Co. v. Ellensburg Milling Co.Washington Supreme Court · 1921