76 Wash. 452 | Wash. | 1913
Appellant commenced this action to recover an amount claimed1 to be due on account of lumber sold respondent. Respondent answered, admitting the delivery of
The first complaint is made of a finding that respondent was given sixty days’ credit for certain trade discounts. The order as prepared by respondent was silent as to the time of payment. Appellant, however, in its acknowledgment of the order, stated the terms under which payment should be made, and in its reply further alleged the terms aa found by the court. Its general manager likewise testified that these were the terms of the sale. This it seems to us is sufficient to justify the finding. Appellant, having alleged and proved the terms of payment, can hardly now say the court was in error in so finding.
The next contention is error in charging appellant with the breach of the contract and in the award of damages. Without a more specific reference, there is ample evidence tfo justify the conclusion reached by the court in these particulars. It is probably true that the evidence would sustain a different finding, but the court below having reached its conclusion upon contested facts with ample supporting evidence, and the evidence to the contrary not so preponderating as to justify us in saying the court was in error, we
Finding nothing'to call for a reversal of the judgment, it is affirmed.
Crow, C. J., Parker, Mount, and Fullerton, JJ., concur.