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Statute Of Frauds—Sufficiency Of Memorandum, Eldon C. Parr
Statute Of Frauds—Sufficiency Of Memorandum, Eldon C. Parr
Washington Law Review
Action on a contract whereby P agreed to sell and D to buy 4200 day-old poults. Such a contract is unenforceable unless a memorandum signed by D is sufficient to satisfy the requirements of the statute of frauds. RCW 63.04.050 (1) [RRS § 5836-4(1)]. P relied on a printed contract form, filled in by P but unsigned by either party, and a postal card signed by D on which D wrote, "Dear Mr. Grant: I have decided to not raise any turkeys this year so will you please cancel my order? . . ." P contended that the word "order" …
Sales—Waiver Of Right To Rescind, John L. Hay
Sales—Waiver Of Right To Rescind, John L. Hay
Washington Law Review
P installed a heating system in Ds' house, removing and keeping the old furnace as part of the purchase price. On discovering faulty installation, Ds notified P of their desire to rescind and demanded reinstallation of the old furnace. P refused and filed a lien for the purchase price on Ds' house, which he now seeks to foreclose. These events took place in winter, and Ds, aged and in poor health, continued to use the new heating system, there being no other adequate means of heating the house. The trial court refused to foreclose the lien and held for Ds …
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Washington Law Review
Action for damages for breach of an express warranty. C, at P's request, located a tractor for sale. P agreed to purchase the tractor if D, its owner, would give a warranty of condition. D and C assured P that such a warranty would be made. D addressed a warranty formulated according to P's specifications to C. C purchased the tractor, resold it to P, and delivered to P the statement of warranty. Trial court found for P. Appeal. Held: Affirmed. P, as beneficiary, may sue D directly for breach of the warranty, as D and C intended that the …