(DOWNLOAD) "Irwin v. Pacific Fruit & Produce Co." by Supreme Court of Washington ~ eBook PDF Kindle ePub Free
eBook details
- Title: Irwin v. Pacific Fruit & Produce Co.
- Author : Supreme Court of Washington
- Release Date : January 14, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Plaintiff instituted this action for the purpose of recovering a balance which he alleged was due him, based upon the delivery by plaintiff to defendant of a quantity of potatoes grown by plaintiff during the year 1933. Plaintiff contended that he sold to defendant something over 500,000 pounds of potatoes at $15 per ton, for which he should have been paid by defendant $3,924.37, of which sum he admitted that he had received $3,400, leaving an unpaid balance of $524.37, for which he demanded judgment. The defendant answered, denying any liability to plaintiff, and affirmatively pleading that during the month of April, 1934, the parties agreed upon a settlement of the deal, pursuant to which agreement defendant paid plaintiff a considerable sum in full satisfaction of all claim on plaintiffs part. Defendant further pleaded that the original contract between the parties was one of consignment and not of sale, and asked that the contract be reformed in one particular to show the true agreement of the parties. Defendant also pleaded that it had overpaid plaintiff, and asked for judgment on account of such overpayment. Plaintiff having denied the affirmative allegations contained in defendants answer, the action was tried to the court sitting without a jury, and resulted in findings of fact and conclusions of law in plaintiffs favor, followed by a judgment against defendant for the amount demanded by plaintiff. From this judgment, defendant has appealed, assigning error upon the overruling of its demurrer to plaintiffs complaint; upon the denial of its challenge to the sufficiency of the evidence; upon the entry of two findings of fact and one conclusion of law; upon the refusal of the trial court to grant a judgment against plaintiff; upon the denial of its motion for a new trial; and upon the entry of judgment in plaintiffs favor.