National Steel Car Corp. v. Schwager & Nettleton, Inc.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Griffiths, J., entered March 4,1922, upon findings in favor of the plaintiff, in an action on contract, tried to the court. .
1Opinion of the CourtPemberton, J.
— This is an action by respondent against appellant for damages for breach of a contract to deliver certain lumber to respondent. It is admitted that the contract was breached, and the only question is, when, as a matter of law, was the same breached.
On the 12th day of February and the 4th day of March, 1919, the appellant accepted two certain orders for lumber to be delivered to respondent. The first order was to be delivered on March 15, and the second by April 1, with an understanding that they did not guarantee to have it all shipped before April 1, but would make every effort to have the…
2Cases cited1 opinion
- Marden, Orth & Hastings Corp. v. Trans-Pacific Corp.Washington Supreme Court · 1920