Snipes Mountain Co. v. Benz Bros. & Co.

• Court: Washington Supreme Court
• Writing for the Court: PARKER, J.
• Citation: Snipes Mountain Co. v. Benz Bros. & Co., 162 Wash. 334, 298 P. 714 (Wash. 1931)
• Decision Date: 28 April 1931
• Docket Number: 22791.
• Parties: SNIPES MOUNTAIN CO. v. BENZ BROS. & CO.

298 P. 714

162 Wash. 334

SNIPES MOUNTAIN CO. v. BENZ BROS. & CO.

No. 22791.

Supreme Court of Washington

April 28, 1931

Department 1.

Appeal from Superior Court, Yakima County; A. W. Hawkins, Judge.

Suit by the Snipes Mountain Company against Benz Bros. & Co., which filed a cross-complaint. Decree for plaintiff, and defendant appeals.

Affirmed.

Harcourt M. Taylor, of Yakima, for appellant.

Sydney Livesey, of Yakima, for respondent.

PARKER J.

The plaintiff, Snipes Mountain Company, seeks reformation of a written contract for the sale of one hundred tons of potatoes by it to the defendant, Benz Bros. & Co., and recovery of an unpaid balance claimed to be due upon the agreed purchase price of sixty-four tons of the potatoes delivered under the contract. The reformation sought is to have the written contract show that the potatoes contracted to be sold were only potatoes growing upon certain specified land, to the end that the plaintiff will be entitled to recovery for the potatoes grown upon that land, all of them having been delivered under the sale contract, though amounting only to sixty-four tons. The defendant resists the plaintiff's claims of reformation and recovery, and by cross-complaint claims damages from the plaintiff for its failure to deliver thirty-six tons of the potatoes. The cause, being of equitable cognizance, proceeded to trial in the superior court for Yakima county, sitting without a jury, and resulted in a decree awarding to the plaintiff reformation of the contract and recovery as prayed for, and, in effect, denying the defendant's claim of damages. From this disposition of the case in the superior court, the defendant has appealed to this court.

The contract, as partly printed and partly written, in so far as need be here noticed, reads as follows:

'Benz Brothers & Company

'Dealers in Potatoes, Grain, Hay

'Toppenish, Wash., Aug. 5th, 1929

'To Snipes Mountain Company, Yakima, Wash.

'We hereby confirm purchase from you of One Hundred tons Yakima Netted Gem Potatoes, graded 75% U.S. No. 1 Grade and 25% U.S. No. 2 grade, packed in new branded bags, even weight 100 lbs. each, and screened at car door, at $25.00 per ton sacked, f. o. b. Nass or Granger, Wash. For Delivery not before Oct. 10th, 1929, when mature and for delivery not later than Nov. 1st, 1929. Receipt is hereby acknowledged of cash payment of Five Hundred and no/100 Dollars ($500.00). Balance to be paid on delivery. * * *

'Benz Brothers & Company

'By H. C. Benz

'Accepted: Snipes Mountain Company

'By W. H. Ball, Vice President

'Attest: James O. Cull, Secretary.'

During the negotiations leading up to the signing of the written contract, two members of the defendant's firm visited the growing crop of potatoes on the plaintiff's land, knowing that was all the potatoes being grown by the plaintiff during the season of 1929. The potatoes were then found to be in promising condition, having matured to the extent that they were then from about the size of a walnut to about the size of a hen's egg. Those participating in the negotiations were then well convinced that the crop would yield considerably more than one hundred tons, and then so expressed themselves. The evidence shows practically conclusively that all who conducted the negotiations and participated in the execution of the contract contemplated that it was a contract for the sale and purchase of one hundred tons of those particular...