80 Wash. 240 | Wash. | 1914
This is an appeal by the plaintiff from a judgment of the superior court entered in favor of the defendant, Robert C. Shinn.
On the 17th day of July, 1912, the respondent, doing business as “Kent Motor Car Company,” sold and delivered to the appellant a second hand “Tourist” automobile, for the agreed price of $300. Of the purchase price, $50 was paid
The appellant, in his proposed findings presented to the superior court, recognized his responsibility for this damage. On the 17th day of November, 1912, this action was instituted for the purpose of recovering the sum of $300, the amount of the purchase price, together with interest. After the issues were formed, the cause was tried to the court without a jury. Judgment was entered in favor of the respondent for repairs and storage, amounting to $33.35, from which the appeal is prosecuted.
The action was originally brought against both Robert C. Shinn and W. J. Shinn, but at the conclusion of the appellant’s testimony a nonsuit was granted as to the latter, to which there appears to be no objection.
The appellant claims that the car was warranted to him to be in first-class condition, and that there was a breach of this warranty. From the complaint, it is not clear whether the action is one for damages for breach of warranty, or for the recovery of the purchase price based upon a rescission.
But if the action may be considered one for damages for a breach of the warranty, no different result would follow. The purchase price of the car was $300. If it were not worth this sum, obviously it was of some value. There is no evidence showing either market or reasonable value, in the absence of which there would be nothing to sustain a judgment for damages.
• We think, also, that the evidence fairly sustains the judgment entered in favor of the respondent for repairs and storage.
The judgment will therefore be affirmed.
Crow, C. J., Ellis, Gose, and Chadwick, JJ., concur.