Ahlman v. Wilson

Citations

• 102 Wash. 677
• 174 P. 970
• 1918 Wash. LEXIS 1092

Syllabus

<p>Evidence—Parol Evidence to Vary Writing—Ambiguity. Where a contract for the sale of land fixed a time limit for the grantor to remove certain timber, without describing the timber or fixing the amount, it is ambiguous, and parol evidence is admissible as to the amount of timber reserved in the sale and subject to removal.</p> <p>Trial—Issues and Proof—Instructions. In an action for damages for the value of timber taken, and for damages to the land itself by the removal of the timber, in which much evidence on those issues was taken, they are properly submitted to the jury.</p> <p>Same. In such an action, it is not erroneous to submit an issue as to damages from “careless and negligent” logging operations, although the complaint did not use those words, when the complaint was clearly to that effect.</p> <p>Appeal—Review—Waiver of Error. Error cannot be predicated upon the submission of an issue because of want of sufficient evidence thereon, where appellant failed to move to withdraw such issue and requested an instruction thereon.</p> <p>Appeal—Review—Verdict — Evidence — Sufficiency. A meager verdict for damages upon five causes of action, will not be held unsupported by the evidence, where there was evidence of specific wrongs entitling respondent to at least nominal damages,. some ot the issues were well sustained and warranted the verdict, and the case went to the jury unchallenged and without request for specific findings or pointing out any specific issue claimed to be unsustained.</p>