Windell v. Readman Warehouse Co.

• Decision Date: 18 December 1902
• Citation: 71 P. 56,30 Wash. 469
• Parties: WINDELL et al. v. READMAN WAREHOUSE CO.
• Court: Washington Supreme Court

71 P. 56

30 Wash. 469

WINDELL et al. v. READMAN WAREHOUSE CO.

Supreme Court of Washington

December 18, 1902

Appeal from superior court, King county; George Meade Emory, Judge.

Action by J. S. Windell and others against the Readman Warehouse Company. From a judgment in favor of plaintiffs, defendant appeals. Affirmed.

Richard Saxe Jones, for appellant.

E. P Edsen, John E. Humphries, and Harrison Bostwick, for respondents.

REAVIS C.J.

Action against defendant, a warehouse company, for conversion of household goods stored by plaintiffs. The contract of storage was made by plaintiffs with one Readman, a warehouseman in Seattle, who was succeeded by the defendant company, which assumed all the obligations of the contract. The complaint alleged, in substance: 'That the plaintiffs entered into an oral agreement with the said Readman by which the plaintiffs agreed to store and did store with said Readman certain goods, wares, and merchandise with the agreement and understanding that the plaintiffs were to be absent on an eighteen months' contract, and would not need the goods for a long time, and that the goods were to be kept in said warehouse until the plaintiffs called for them, and plaintiffs were to pay all charges upon their said goods; all of which was agreed to by the said J. C. Readman. That in pursuance of said oral agreement the plaintiffs delivered to the said Readman's warehouse, and put into the care and custody of said Readman, eleven boxes of goods wares, and merchandise, namely: * * *. Said goods were accepted under said contract and agreement, and were left in said warehouse according to the terms and conditions of said agreement. * * * That the Readman Warehouse Company defendant herein, in violation of the contract between plaintiffs and the said J. C. Readman, and without right so to do, sold, scattered, and transferred all the property and effects belonging to the plaintiffs, and converted the same to its own henefit, and disposed of the said property.' It was also alleged that plaintiffs demanded the goods of defendant, and were informed that defendant had sold the goods for storage charges, and that the proceeds of the sale were insufficient to satisfy such charges.

The answer admits that defendant was a warehouseman, and that the goods, as described, were stored and received by it as stated in the complaint, but denies that plaintiffs entered into any oral agreement with Readman for the storage of the goods; and as affirmative defense sets up:

'That the said Readman received the same for storage, and executed and delivered to the plaintiffs his certain warehouse receipt therefor containing the terms and conditions upon which the same were received for storage, and which said warehouse receipt was in words and figures as follows, to wit:

"Preserve this Receipt and Read its Contents.

"Storage. Readman's Warehouse, J. C. Readman, Proprietor.

"801-803-805-807-809 First Avenue South, Cor. Dearborn Street.

"No. 2580. Telephone Main 105.

"Storage Receipt.

"Seattle, Washington, 16 June, 1899.

"J. C. Readman has this day received in store from J. S. Windell the property below described, it being hereby understood and provided that said J. C. Readman shall not be liable for loss thereof by fire or by action of the elements, nor for damage thereto by rats, mice, moths, or other vermin, nor from frost, riot, war, or insurrection, nor any unavoidable damage. Said property to be delivered at this warehouse upon the return of this receipt properly indorsed and payment of charges for storage thereof. This receipt negotiable when duly indorsed by consignor, subject at all times to the conditions hereof and the payment of all charges. Said property so received is represented to be as follows:

"9 boxes H. H. goods.

"1 center table.

"1 rocking chair.

"The rates of storage upon said property are as follows:

"$1.00 for thirty days, or fraction thereof. And such charges shall accrue, mature, and become due and payable every thirty days from the date of this receipt.

"Measurement _____. Weight _____.

"Any expenses or costs for cooperage, repairs, court costs, or attorney's fees accruing by reason of the receipt of and storage of said property (for reasons not expressly attributable to the warehouseman) shall be charged to and be a lien upon said property.

"The warehouseman does not guarantee the contents of any sealed or closed packages.

"Advances

"Charges 25 c. Kamp

"Expenses

"Owner's valuation

"Goods covered by this receipt can only be delivered on its surrender, properly indorsed by the person or firm to whom it is issued. Should it be lost or destroyed a reliable surety company's bond in twice the amount of the owner's valuation, subject to the approval of the warehouseman, will be invariably required before duplicate receipt is issued or goods delivered.

"J. C. Readman."

It further alleges that no other or further contract was made with plaintiffs, and that, after due notice of sale, the said goods were thereafter sold to pay said storage charges; that at such sale the goods were sold for $9.75, and that the storage charges then due defendant thereon were $20.45. The goods were stored about June 16, 1899, and the sale for storage charges was made on the 26th day of March, 1901. On the trial the plaintiffs tendered evidence tending to prove the oral contract set forth in the complaint, whereupon counsel for defendant inquired for the warehouse receipt set out in the answer, which was then produced by plaintiffs, and exhibited to the court. Defendant then objected to any evidence relating to the oral contract on the ground that it tended to vary and contradict the receipt given to plaintiffs. The objection was overruled. The plaintiff husband was then permitted to testify, and stated the agreement alleged as follows: 'Q. Now you may state, Mr Windell, what you did with reference to storing your goods in the Readman warehouse. A. I took goods there on June 16th---- Q. Talk to the jury. A. On June 16, 1899, as I was about to go to Oregon under a contract there, and in fact I was on my way to the depot at the time, I took my goods there, and talked to the clerk in the office--I do not know who he was. I do not know his name--in regard to taking and keeping the goods. Q. He was the party in charge of the office? A. Party in the office. I do not know whether he was the clerk, or Mr. Readman, or who he was, and he said he would keep the goods. * * * Q. Go ahead, and state what occurred there about leaving these goods at this warehouse. A. I went to the warehouse in company with a drayman who had these goods and my baggage that I was taking with me,--trunnks,--and I unloaded the goods there; then had the conversation in the office in regard to the goods. I went into the office to take a receipt for the goods. The clerk said that he could not issue a receipt now, but he could--until the goods were placed and measured so as to know what the charges--what space they would occupy, so as to know what the charges would be. He told me to call to-morrow for the receipt for the goods. I told him I could not do that, as I was on my way then to the train...