From Casetext: Smarter Legal Research

Cudmore v. Tjomsland

The Supreme Court of Washington. Department Two
Feb 25, 1954
44 Wn. 2d 308 (Wash. 1954)

Opinion

No. 32589.

February 25, 1954.

DAMAGES — EVIDENCE TO ESTABLISH — EXPENSES INCURRED — REASONABLE VALUE OF SERVICES. In an action by a buyer of cattle for breach of warranty by the vendor that the cattle were free of disease, a veterinarian's bill for $123 which was an item of special damage will not be allowed, where there was no testimony tending to show that $123 was a reasonable charge for the veterinarian's services; since the reasonable value of services rendered must be established.

See 15 Am. Jur. 616.

Appeal from a judgment of the superior court for Whatcom county, No. 33277, Kale, J., entered May 11, 1953, upon findings in favor of the plaintiff, in an action for breach of warranty, tried to the court. Affirmed, as modified.

Pemberton Orloff, for appellant.

Leo C. Goodman, for respondent.



This appeal presents primarily questions of fact, and there is little dispute as to the applicable law.

Our examination of the record satisfies us that there is evidence to sustain the basic finding of the trial court that there was a warranty by the vendor that a bull and three heifers were free of disease, and that the warranty was breached because the animals were diseased when sold.

[1] We find no merit in any assignment of error except appellants' contention that one item of special damage, a veterinarian's bill for $123, was not established by competent evidence. This contention must be sustained because respondent presented no testimony whatever tending to show that $123 was a reasonable charge for the services rendered by the veterinarian. Whatever may be the rule elsewhere, it is now the established law in this jurisdiction that the reasonable value of services rendered must be established. Carr v. Martin, 35 Wn.2d 753, 761, 215 P.2d 411 (1950). We direct attention to all of law point No. 4 in that opinion, instead of quoting it here.

The judgment will be reduced by $123, and affirmed as reduced.


Summaries of

Cudmore v. Tjomsland

The Supreme Court of Washington. Department Two
Feb 25, 1954
44 Wn. 2d 308 (Wash. 1954)
Case details for

Cudmore v. Tjomsland

Case Details

Full title:ALFRED T. CUDMORE, Respondent, v. ENOCH R. TJOMSLAND et al., Appellants

Court:The Supreme Court of Washington. Department Two

Date published: Feb 25, 1954

Citations

44 Wn. 2d 308 (Wash. 1954)
44 Wash. 2d 308
266 P.2d 1058

Citing Cases

Suta v. The Home Depot Inc.

, plaintiff has failed to produce evidence sufficient to raise a triable issue of fact under Washington law.…

Edmonson v. Popchoi

Dep't of Ecology v. Campbell Gwinn, LLC, 146 Wn.2d 1, 9, 43 P.3d 4 (2002).See, e.g., Cudmore v. Tjomsland, 44…