Auwarter v. Kroll

Citations

• 79 Wash. 179

Syllabus

<p>Principal and Agent — Powers or Agent — Limitation—Notice— Power of Attorney. Under a general power of attorney, in which there is no ambiguity or uncertainty, one dealing with the agent is not bound to look beyond the instrument itself or make an inquiry as to secret limitations upon the agent’s authority.</p> <p>Appeal — Review—Verdict. The verdict of a jury supported by sufficient evidence, will not be disturbed on appeal.</p> <p>Appeal — Review—Harmless Error. Where the only question is whether defendant’s agent contracted as such, it is not prejudicial error to fail to submit to the jury the question of agency.</p> <p>New Trial — Extent of Relief. Where special verdicts are returned showing the amount allowed on each of several causes of action, the court, upon motion for a new trial as to the whole cause, has power to deny a new trial as to one cause and grant it as to the others, under Rem. & Bal. Code, § 399, authorizing the vacation of a verdict and the granting of a new trial.</p> <p>Judgment — Notwithstanding Verdict — New Trial — Extent oe Relief. Upon motion for a new trial for insufficiency of the evidence to sustain special verdicts on each of several causes of action, the power of the court is limited to denying or granting the motion, in whole or in part, and it is error to enter judgment dismissing several of the causes, notwithstanding the verdicts.</p>