Reports of Cases Determined in the Supreme Court of the State of Washington Volume 30

Reports of Cases Determined in the Supreme Court of the State of Washington Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...J. a whole does not convince us that the court abused its discretion in overruling this motion. We think there is no merit in the second contention, ---that the 'court erred in allowing the introduction of certain testimony. The testimony was an explanation, offered by respondent, of circumstances surrounding the contract, and, as there was a direct conflict between the allegations of the complaint and the answer in regard to what the contract was, we think the testimony was admissible. As to the third assignment there was no error in per mitting respondent to prove an alleged oral agreement to which the wife was not a party, for, in any event, the wife would be bound by any contract made by her husband for the benefit of the community property, and she would also be estopped, under the testimony in this case, from refusing to pay for the changes made, after standing by and seeing the work expended. The record in this case is so indefinite that it is difficult to tell what instructions were excepted to by the appellants. Many of the instructions which the court refused to gi"e, and which refusal is assigned as error by the appellants, were, in substance, given by the court, and we have uniformly held that the court is not required to announcc the law in any particular form of words. This, we think. applies to the fifth and sixth instructions asked by the appellants, and the fourth instruction asked for was properly refused for the reason that there was no attempt on the part of the respondent to prove that he had built according to the plans and specifications alleged in appellants' com plaint. The sixth instruction was substantially given by the court. The court's instructions are too long to set forth in this...
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Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236744756
  • 9781236744753