¶1 (dissenting).—I heartily concur in that part of the foregoing opinion which denies relief to respondents, but I cannot agree that they are entitled to any judgment in their favor. It is plain, to my mind, that the original agreement for plans and specifications for the six-story building, afterwards became merged in the contract for the eight-story structure. I cannot agree that there were two contracts and that recovery may be had on one and denied on the other. I am therefore of the view that the judgment should be reversed and the case remanded with instructions to dismiss.
111 Wash. 73
Bebb v. Jordan
Decided April 22, 1920
Washington Supreme Court · decided 1920-04-22
Cross-appeals from a judgment of the superior court for King county, Hall, J., entered February 14, 1919, upon findings in favor of the plaintiffs, in an action on contract, tried to the court.
Good law ✅— No negative treatment on recordhow we know
Reversed on defendant’s appeal · Decided 1920-04-22
How this case has been cited
Cited by 25 later decisions — most recently May 2001 · most notably Plaza Amusement Co. v. Rothenberg (1930), Howard v. Usiak (2001)
3 federal appellate · 2 district · 19 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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