Legal Opinion

Fifer v. Lynden Lumber Co.

Washington Supreme Court

Decided March 24, 1916No. 13146PublishedCited by 2 opinions

Appeal from a judgment of the superior court for What-com county, Hardin, J., entered May 10, 1915, upon the verdict of a jury rendered in favor of the plaintiff, in an action on contract.

1Opinion of the CourtBausman, J.

The amended complaint alleged that defendant had sold plaintiff a car of lumber of the- class “known in the lumber industry of the United States as moulding and No. 2 and better base boards,” which car load plaintiff purchased without personal inspection, and as defendant well knew, for resale to an eastern consignee. Moulding and No. 3 and better base boards meant in the trade, he alleged, “out of kiln dried lumber and not rough or torn grain or fuzzy.” These qualities were alleged to have been violated in the shipment.

During the trial, the court, over defendant’s objection, permitted by…

2Cases cited2 opinions

  1. Smith v. Michigan Lumber Co.Washington Supreme Court · 1906
  2. Ryder-Gougar Co. v. GarretsonWashington Supreme Court · 1909

3Cited by2 opinions

  1. Palin v. General Construction Co.Washington Supreme Court · 1955
  2. Case v. KnightWashington Supreme Court · 1924

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