Brown v. Jamison

Citations

• 102 Wash. 124
• 172 P. 853
• 1918 Wash. LEXIS 903

Syllabus

<p>Trial—Order of Proof. It is not error to refuse to reopen a case in rebuttal to establish a fact, which, if material, the plaintiff should have presented in his case in chief.</p> <p>Appeal—Harmless Error—Instbuctions. Upon an issue as to fraud, vitiating a written contract, it is not prejudicial error to instruct that the proof of fraud must be clear, positive and convincing, where the jury could not have been misled by the use of the word “positive.”</p> <p>Fraud—Settlement—Concealment—Issues. Where a settlement was made of an option contract prior to defendant’s sale of the subject-matter, plaintiff, suing to set aside and entirely evade the settlement, is not entitled to an instruction that it was defendant’s duty to notify plaintiff of the sale.</p>