Carlisle Packing Co. v. Deming

Citations

• 62 Wash. 455
• 114 P. 172
• 1911 Wash. LEXIS 725

Syllabus

<p>Jury — Breach oe Contract — Accounting. An action for breach of a contract to purchase plaintiff’s pack of salmon is properly tried to a jury as a law case, and not in equity for an accounting, where the issue was as to the terms of the contract, and an accounting was only incidentally involved to determine the extent of the damages.</p> <p>Accounting — Trusts—Breach of Contract. On breach of a contract to purchase plaintiff’s pack of salmon, whereupon plaintiff, after giving notice, resold the same on the open market, paying expenses for freight, insurance, cartage, storage, commissions etc., there is no such trust or fiduciary relation as to make the case exclusively one for an accounting.</p> <p>Contracts — Parties—Pleading. A party defendant making a contract on behalf of two corporations should set up the fact in his answer, in order to escape personal liability, where plaintiff alleged that he made the contract acting for himself and his codefendant; and where defendants answered jointly by a general denial, all are bound jointly, if the contract is proved as alleged.</p> <p>Principal and Agent — Contracts—Personal Liability of Agent —Corporations. Where a resident manager, who was the principal stockholder and responsible head of two foreign corporations, entered into a contract which he promised to reduce to writing, but failed to do so, so that it was left indefinite as to who the responsible parties were, he cannot claim that he was not personally liable, in the face of evidence that the other party was dealing with and relied upon him.</p> <p>Evidence — Account Books — Admissibility. . Account books showing items of sales made are admissible in evidence for the purpose of showing the sales and the net proceeds, even if they were not books of original entry or kept by a competent bookkeeper.</p> <p>Same — Statements pbom Books. A statement drawn from account books is properly admitted in evidence where it was a copy from the books and a witness having p