Mayer Lifeboat Co. v. Isaacson Co. Iron Works

• Court: Washington Supreme Court
• Writing for the Court: MACKINTOSH, J.
• Citation: Mayer Lifeboat Co. v. Isaacson Co. Iron Works, 212 P. 1054, 123 Wash. 566 (Wash. 1923)
• Decision Date: 14 February 1923
• Docket Number: 17595.
• Parties: MAYER LIFEBOAT CO. v. ISAACSON CO. IRON WORKS.

212 P. 1054

123 Wash. 566

MAYER LIFEBOAT CO. v. ISAACSON CO. IRON WORKS.

No. 17595.

Supreme Court of Washington

February 14, 1923

Department 1.

Appeal from Superior Court, King County; Mitchell Gilliam, Judge.

Action by the Mayer Lifeboat Company against the Isaacson Company Iron Works. Judgment for plaintiff, and defendant appeals. Affirmed.

Israel Nelson and Arthur H. Hutchinson, both of Seattle, for appellant.

J. L Corrigan, of Seattle, for respondent.

MACKINTOSH J.

The respondent was the owner of some patented nested lifeboats and also of the idea of launching these boats from ocean carriers by means of a derrick. The respondent expressed his desire to the appellant for a derrick to do the work. The negotiations resulted in the following communications, which form the contract in question:

'Seattle, January 31, 1921.

'Mayer Lifeboat Co., Seattle, Wash.--Gentlemen: Attention of Mr. Van Nuys. Confirming our conversation of recent date we offer you the iron work for one mast and one boom for handling your lifeboat for the net sum of $200.00. Blocks for the sum of $55.00 and the Chisholm & Moore hand winch, as per blueprint submitted, for the sum of $500.00 f. o. b. Cleveland. We estimate the freight on one of these winches at $25.00. On an order for ten winches we could deduct the sum of $75.00 each, making a net price of $425.00 each f. o. b. Cleveland. For your information we estimate that to make up and design a single winch of this character in Seattle would cost approximately $750.00 to $800.00, though after the first one is built we believe they could be turned out in the neighborhood of $350.00 each in lots of ten. The fittings of the iron work and furnishing the spars would cost $85.00 for the first derrick, and we estimate the labor of erection and the guy lines at about $95.00. For handling the boom, there would be required about 300 feet, 1"' Manilla rope and 25 feet of 1 1/8"' wire pennant, and for the hoisting 136 ft. of 5/8"' wire rope. The cost of these lines would be $65.00. We trust that this will give you the information that you desire, and that we may be favored with the commission to build this rig for you. [Signed] Isaacson Co. Iron Works, by John Isaacson.'

'Isaacson Company Iron Works, Foot of King St., Seattle, Wash.--Gentlemen: Attention Mr. Campbell. We accept your offer for complete derick (according to your plans) including a Chisholm & Moore hand winch (according to blueprint of same) all as outlined in your letter of January 31, 1921, at shop rates; namely, on a labor and profit basis to you. Samson post of derrick to be sufficiently long to extend through to lower deck, and boom sufficiently long for our purposes. We expect to make separate arrangements with you for installing derrick. Thanking you for your efforts, we remain respectfully yours, Mayer Lifeboat Company, by M. H. Van Nuys, Secretary.'

The derricks and winch furnished by the appellant did not perform the work which the respondent desired of them, and this action was begun to recover the amount paid by the respondent to the appellant for the apparatus, and resulted in a verdict in favor of the respondent, from which this appeal followed.

Three errors are assigned. One relates to claimed...