Austin v. Union Lumber Co.

Citations

• 95 Wash. 608
• 164 P. 245
• 1917 Wash. LEXIS 1148

Syllabus

<p>Compromise and Settlement — Accepting Payment in Full — Evidence — Sueeiciency. There is a compromise and settlement of a balance due for logs sold by a logger, precluding him from making claim that the company did not properly scale the logs, where it appears that he went to the office of the company for the purpose of receiving his pay, accepted a check for the balance due as shown by the hooks of the company, knowing that its scale was different from his own scale, and, making no objection thereto, receipted the statement and cashed the check given; under the rule that intent to close the account governs, in the absence of mutual mistake or fraud.</p> <p>Appeal — Review — Findings. Findings on conflicting evidence will not he disturbed on appeal where the trial court was in a better situation to determine the matter.</p>