Bookhout v. Vuich

Citations

• 101 Wash. 511
• 172 P. 740
• 1918 Wash. LEXIS 867

Syllabus

<p>Evidence^-—Parol Evidence — Explanatory op Writing—Uncertainty. A written contract employing a farm laborer to work for a one-third share of the crops, increase of the live stock on the place, and pfofits from the chickens and eggs, the employer to furnish everything but labor, is so vague and uncertain as to admit of proof by parol explanatory of the writing that the employer agreed to furnish a certain amount of live stock, where it appears that there was no live stock or chickens on the place at the time the contract was made.</p> <p>Same—Parol Evidence to Vary Writing—Reformation. Where a written contract is so vague and uncertain as to admit of proof of a contemporaneous oral agreement explanatory of the terms of the writing, it is not necessary to reform the writing in order to construe it accordingly.</p> <p>Master and Servant —• Contract op Employment — Breach — Termination of Relation. Where the employer of a farm laborer, to be paid by a one-third share of the crops, increase of live stock, and profits from the sale of chickens and eggs belonging to the employer, failed to furnish any live stock or chickens, the employee could rescind and recover for his services as though he had been actually dismissed from service.</p> <p>Same—Contract of Employment—Construction. The relation of master and servant is created by a contract whereby plaintiff was employed to farm and live on defendant’s premises, defendant agreeing to “pay” plaintiff one-third of the crops, increase of live stock, and profits from the sale of chickens and eggs and furnish everything except labor, the plaintiff agreeing to devote all his time to the work, and as much as possible to clearing, and to obey all orders of the defendant.</p> <p>Same—Contract op Employment—Breach—Measure op Damages. In such a case, on defendant’s breach of the contract by failing to furnish live stock and chickens, and rescission by plaintiff, making proof of prospective earnings a matter of guesswork, plaintiff