Legal Opinion

Nelson v. Davenport

Washington Supreme Court

Decided August 15, 1919No. 15331PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Spokane county, Hurn, J., entered February 8, 1919, upon granting a nonsuit, dismissing an action on contract.

1Opinion of the CourtMitchell, J.

Appellant sued to recover damages for the alleged breach of a contract with respondent for furnishing garbage and refuse from respondent’s hotel and restaurant, in Spokane, for appellant’s use in feeding hogs. At the close of appellant’s evidence, the trial court sustained a challenge to its sufficiency and entered judgment accordingly, from which this appeal has been taken.

The purpose of the action was to recover prospective profits, of which appellant was deprived by respondent’s breach of the contract. In order to recover, it is essential to establish the contract and its breach, and then…

2Cases cited2 opinions

  1. Bogart v. Pitchless Lumber Co.Washington Supreme Court · 1913
  2. Kopczynski v. Bolcom-Vanderhoof Logging Co.Washington Supreme Court · 1912

3Cited by8 opinions

  1. Warner v. Channell Chemical Co.Washington Supreme Court · 1922
  2. Lockit Cap Co. v. Globe Manufacturing Co.Washington Supreme Court · 1930
  3. Blakiston v. Osgood Panel & Veneer Co.Washington Supreme Court · 1933
  4. Cannon v. Oregon Moline Plow Co.Washington Supreme Court · 1921
  5. Hole v. Unity Petroleum Corp.Washington Supreme Court · 1942

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