Brown v. Wisner

Citations

• 51 Wash. 509
• 99 P. 581
• 1909 Wash. LEXIS 1220

Syllabus

<p>Brokers — Action for Commissions — Pleadings — Issues and Proof — General Denial. In an action to recover a broker’s commissions on an alleged contract of sale, the defendant may, under a general denial, offer evidence to show that the contract actually made was one other than that pleaded in the complaint.</p> <p>Evidence — Parol Evidence to Vary Writing — Brokers — Contract or Option. In an action to recover a broker’s commissions, oral evidence is admissible to show that a written contract of sale for $92,000 on which but $100 was paid was intended by the parties as an option only, since the rule excluding oral evidence to vary the terms of a writing does not apply except as between the parties to the contract.</p>