Anderson
Anderson v. Owens
Opinion
Opinion
Pope, J.
The Owens partners bought a tug from the Anderson partners. This suit was for breach of warranty of the condition of the tug. The dealings leading up to the contract of sale and purchase took, place at Seattle, Washington, although all the parties were residents of Alaska. The senior Anderson and A. E. Owens carried on the negotiations. Anderson had brought the tug to Seattle for repairs. It had been ¡purchased a year previously as a war surplus vessel. He met Owens at Seattle and negotiations followed which are described in the findings of the trial court as follows :
“7. J. C. Anderson stated that the vessel was in fair condition with the exception that the crankshaft pin for No. 5 cylinder was scored and that the forefoot or the stem was damaged from striking a log on the trip to Seattle, but that the vessel did not leak. Anderson further stated that the vessel could be put in first class shape for $5,000.
“8. The defendants offered to sell the vessel to the plaintiffs for $25,000 in its then condition or for $30,000 repaired.
“9. On April 1, 1947, A. E. Owens, on behalf of the plaintiffs, agreed to purchase the vessel for $25,000 and elected to make his own repairs.