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Remedies Keyed to Tabb, 8th
Olwell v. Nye & Nissen Co.
Citation:
173 P.2d 652, 26 Wash.2d 282 (1946)Facts
On May 6, 1940, plaintiff E. L. Olwell sold his one-half interest in Puget Sound Egg Packers to the defendant corporation but retained full ownership of an “Eggsact” egg-washing machine that had been used by the business. The defendant promised to make the machine available for delivery by June 15, 1940. The plaintiff arranged for the machine to be stored in a space adjacent to the defendant’s premises. Without the plaintiff’s knowledge or consent, the defendant’s treasurer ordered the machine taken out of storage in May 1941 due to wartime labor scarcity. The defendant used the machine approximately one day per week for three years in its regular business operations, saving approximately ten dollars per week in labor costs compared to washing eggs by hand. The plaintiff discovered this unauthorized use in January or February 1945 when he heard the machine operating during a business visit to the plant.
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