Williams v. Parrott & Co.

This is an appeal from the judgment and from an order denying the defendant’s motion for a new trial.

The action was brought by plaintiff for sums alleged to be due from the defendant to the assignor of plaintiff, the Apex Fish Company, for a consignment of canned salmon which defendant had sold for the account of said fish company, which was a corporation engaged in the business of packing salmon having its principal place of business in the state of Washington. Defendant in its answer admitted itself to be accountable for the moneys received from the transaction set forth in plaintiff’s complaint, but set up a counterclaim for $1,034, and denied liability for anything in excess of the difference between that sum and plaintiff’s demand, and which difference it paid.

The facts of the ease were stipulated to except when consisting of letters, which were introduced in evidence.

The counterclaim was based on the following facts: On October 7, 1908, the Apex Fish Company entered into an optional agreement with defendant, whereby the former agreed to deliver to the defendant five thousand one hundred cases of certain kinds of canned salmon of the pack of the year 1909, to be sold by…