47 Wash. 30 | Wash. | 1907
The appellant is a banking corporation •doing business at Iowa City, in the state of Iowa. The re
It is first assigned that the court erred in refusing to sustain the appellant’s challenge to the sufficiency of the evidence; it being contended that the respondent’s evidence Avas insufficient to constitute a defense. But Ave think the court properly submitted the matter to the jury. On the question of the value of the goods, the respondents testified that they were not as represented, and that all they were able to sell of them were returned by the purchasers after a short time because of their inferior quality; and other witnesses, called as experts in the
It is next assigned that the court erred in admitting, over the objection of the appellant, evidence relating to the representations of the traveling salesman of the Puritan Manufacturing Company. But this was a necessary part of the respondent’s case. They were obligated to show the condition on which they purchased the goods in order to show a failure of consideration. This evidence was directly in point for that purpose. The written order which the appellant urges represents the entire contract was at best obscure, and subject to interpretation. The interpretation put thereon by the salesman to induce a sale could be properly put in evidence to show a failure of consideration.
The judgment appealed from is affirmed.
Hadley, C. J., Mount, and Crow, JJ., concur.