Anderson v. Hilker

Citations

• 38 Wash. 632
• 80 P. 848
• 1905 Wash. LEXIS 1222

Syllabus

<p>Evidence—Records of Weather Bureau. Upon an issue as to the condition of the weather, the records of the office of the U. S. Weather Bureau are competent avidence.</p> <p>Appeal and Error—Objections—Exceptions. Error cannot be assigned upon the reception of evidence to which no objections or exceptions were taken in the court below.</p> <p>Contracts—Construction—Evidence of Conversations.- Where both sides claimed that a certain contract required the other to furnish certain scows, conversation had with the various owners of scows in endeavoring to secure scows is admissible.</p> <p>Contracts—Breach—Measure of Damages for Preventing Performance—Profits on Whole Contract. Where plaintiff contracted to move a building for defendants, and, after certain work, the defendants refused to permit him to complete performance of the contract, the measure of plaintiff’s damage is reimbursement for tne expense incurred in the work already done, with the profits which he'would have realized by performing the whole contract.</p> <p>Contracts—Delay in Performance—Instructions—Assuming Facts. Upon an issue as to whether plaintiff had been delayed in the performance of a contract to move a house, by conditions of the weather and an inability to procure scows, an instruction that what would, be a reasonable time is for the jury, taking into consideration the difficulties in securing scows, condition of the weather, etc., is not objectionable as assuming facts, where there was no dispute about the difficulty in securing scows, and the court did not indicate its idea as to the condition of the weather.</p> <p>Husband and Wife—Contracts—Of Wife Prior to Marriage— Liability of Husband. In an action against a husband and wife upon a contract to move a house belonging to the wife, it is error to render judgment against the husband, where it appears that, when the contract was made, the defendants were not married and plaintiff knew that the house was owned by a single woman, and that th