Belch v. Big Store Co.

Citations

• 46 Wash. 1
• 89 P. 174
• 1907 Wash. LEXIS 546

Syllabus

<p>Appeal — Review—Yerdicts—Conflicting Evidence. Where a contract was executed in duplicate and both copies left with the attorney who drew the papers, the verdict of the jury upon an issue as to whether the contract was completed, or was to be delivered in a certain event, is conclusive where the evidence was conflicting.</p> <p>Corporations — Representation—Authority of Manager — Pleading. In an action, upon a contract executed by the manager of the 'defendant corporation, an answer alleging that the signing and whatever was done in the matter was done by the corporation by its manager, admits that thg manager was authorized to make the contract for the corporation, and no proof thereof is required.</p> <p>Partnership — Contracts—Share in Profits. A partnership relation is not necessarily established by a contract employing one to conduct its plumbing and tinning business for the compensation of four dollars a day and one-half of the net profits.</p> <p>Damages — Breach of Contract — Prospective Profits. In an action to recover damages for breach of a contract to employ a plumber for one year to conduct the defendant’s plumbing business, at the agreed compensation of $4 per day and one-half the net profits of the business, the plaintiff is entitled to substantial damages for prospective profits, and a verdict of $400 will not be disturbed where there was evidence that the business was the continuation of an established business, which had not been conducted at a loss, and of other circumstances affecting the subject.</p>