Washington Reports Volume 76

Washington Reports Volume 76

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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. 1914 edition. Excerpt: ...437; Texas Western R. Co. 12. Cane, 80 Tex. 137, 15 S. W. 786; San Antonio S A. P. R. Co. 1). Ha/nnicutt, 18 Tex. Civ. App. 310, 44 S. W. 535. Appellants cite cases from Kansas and Indiana supporting their contention, but those cases are not authoritative here, for the reason that, contrary to the rule adopted in this state, each of those states holds that, in condemnation proceedings, the values should be ascertained at the time of the taking and not at the time of the trial. They are, therefore, based upon a rule which does not obtain in this state. For these reasons, the ruling of the lower court is sustained, and the judgment is affirmed. Caow, C. J., PARKER, MOUNT, and FULLERTON, JJ., concur. Opinion Per Monnrs, J. 76 Wash. No. 11426. Department Two. November 21, 1913. L. VV. LEAVENWOBTH at al., Respondents, v. ANTON BRANDON at al., Appellant.r.1 Accourzr, ACTION 0I"--PLEADINGS--COMPLAIN'1'--EV1DENTIABY lVlATTEE. An action is upon an open account, where the complaint alleged the sale and delivery of merchandise, its value, the amount paid, and the balance due; and the additional allegation oi! the execution and delivery of promissory notes therefor was evldentiary matter, which it was not error to strike out, nor reversible error to include. A1PEAL--REvIEw--HAa1uLEss ERROR--PLEADlNGS. Varying views as to the character of an action, in rulings on the pleadings, do not warrant a reversal, where a correct judgment was finally entered. PAR'I'NEBSHIP--LIABILITY--COMMENCEMl-INT or LIABILITY. A partner is liable upon an open account, initiated prior to the formation of the partnership, where the contract of partnership relates back and covers the enterprise for the purpose of which the goods were furnished. Appeal from a...show more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236818040
  • 9781236818041