Andrews v. Uncle Joe Diamond Broker

Citations

• 44 Wash. 668
• 87 P. 947
• 1906 Wash. LEXIS 897

Syllabus

<p>Appeal — Time oe Taking — Filing Notice and Bond. An appeal will not be dismissed for failure to.file the notice and bond within five days after the date of acceptance of service appearing thereon, when such date antedates the notice and bond and was evidently a clerical error.</p> <p>Appeal — Finality op decision — Judgment as to One Dependant. An appeal will not be dismissed because taken from a judgment against only one of two defendants, when the other defendant had not appeared in the action at the time of the appeal.</p> <p>Pledges — Validity-—Mutuality. The pawning of a ring for $50, under an agreement that after one year it might be redeemed on the payment of $75, is not unilateral by reason of the indefiniteness as to the time for redemption; and upon tender within a reasonable time, the pledgor is entitled to possession.</p> <p>Appeal and Ebrob — Decision—Tendee—Keeping Good — Evidence —-Findings. In an action to redeem a pledge, in which the complaint alleged tender of the sum due the .pledgee, but the findings of the court and the record on appeal fail to show whether the tender was -kept good, judgment for the return of the goods will be reversed and remanded with instructions to determine whether the tender has been kept good; since if the tender was paid into court as alleged, the respondent should have made the record on appeal show such fact.</p>