Legal Opinion

Klock v. Newbury

Washington Supreme Court

Decided April 14, 1911No. 9236PublishedCited by 8 opinions

Appeal from a judgment of the superior court for King county, Gay, J., entered June 11, 1910 upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on contract.

1Opinion of the CourtFullerton, J.

The respondent, plaintiff below, brought this action against the appellant to rescind a contract of sale. In his complaint the respondent alleged, in substance, that on June 9, 1909, he purchased from the appellant a certain Wayne Touring car for the sum of $1,025, and received from the appellant, on the delivery of the car, a bill of sale and warranty in the following form:

“Seattle, June 9th, 1909.
“I, H. D. Newbury, hereby sell outright to H. L. Klock, one sixty horsepower Wayne Touring car; I hereby represent and guarantee the machine to be in first class order.
“H. D. Newbury.”

He then…

2Cases cited7 opinions

  1. Houser & Haines Manufacturing Co. v. McKayWashington Supreme Court · 1909
  2. Mundt v. SimpkinsNebraska Supreme Court · 1908
  3. Walsh v. MeyerWashington Supreme Court · 1905
  4. Timken Carriage Co. v. C. S. Smith & Co.Supreme Court of Iowa · 1904
  5. Hulet v. AcheyWashington Supreme Court · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Noel v. Garford Motor Truck Co.Washington Supreme Court · 1920
  2. Greenwood v. International Harvester Co.Washington Supreme Court · 1922
  3. United Motor San Francisco Co. v. CallanderCalifornia Court of Appeal · 1916
  4. Raft River Land & Livestock Co. v. LairdIdaho Supreme Court · 1917
  5. Higson v. HughesWashington Supreme Court · 1913

3 more not listed; retrieve them via the Exa API.

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