Prescott & Co. v. J. B. Powles & Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Dykeman, J., entered May 1, 1920, upon findings in favor of the plaintiff, in an action on contract, tried to the court.
1Opinion of the CourtTolman, J.
On January 12,1918, appellant ordered, through a merchandise broker representing the respondent in Seattle, three hundred crates of Australian onions. The order reads: “Sold to J. B. Powles Co. How ship, Boat. When, March. 300 crts. Australian onions, $94 per ton. Cost, freight & insurance Frisco. Acceptance Australia.” It appears to *178have been understood that there was but one ship each month plying between the Australian port of shipment and San Francisco, and that to comply with the order and ship in March the shipment would necessarily be by the S. S. “Sonoma.” About March 12 following,…
2Cases cited6 opinions
- The HarrimanSupreme Court of the United States · 1870
- Newell v. New Holstein Canning Co.Wisconsin Supreme Court · 1903
- Inman v. Elk Cotton MillsTennessee Supreme Court · 1905
- Barker v. ReaganTennessee Supreme Court · 1871
- Sun Publishing Co. v. Minnesota Type Foundry Co.Oregon Supreme Court · 1892
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3Cited by2 opinions
- Morin v. JohnsonWashington Supreme Court · 1956
- Lagerloef Trading Co. v. American Paper Products Co.Court of Appeals for the Seventh Circuit · 1923