Chilcott v. Washington State Colonization Co.

Citations

• 45 Wash. 148
• 88 P. 113
• 1906 Wash. LEXIS 940

Syllabus

<p>Contracts — Actions for Breach — Evidence—Admissibility of-Exhibits. In an action for commissions, a letter written by one-party, addressed to himself and to be signed by the other party, containing the terms of the agreement made in a conversation between them, is admissible, in evidence as a part of the conversation and negotiations, when all the circumstances connected with its preparation were detailed by a witness, although the letter was not signed or delivered to take effect owing to a change to be made in the name-of a party thereto.</p> <p>Corporations — Officers—Authority—Admissions—Evidence. In an action upon a contract made by an officer of a corporation, it is not error to receive evidence of admissions by him to the effect that he was its general manager, made while representing the corporation in the matter, where other evidence established that fact and that he was owner of more than a majority of the stock, and one of its trustees.</p> <p>Same. The statements and admissions of the general manager of a corporation, engaged in the colonization and purchasing of lands, in agreeing upon commissions to be paid by the corporation on the-purchase of land, are admissible in evidence against the corporation, where the officer was, at different times, trustee, treasurer, and manager of the corporation exercising general powers.</p> <p>Corporations — Contracts—Evidence—Res Gestae — Statements-Accompanying Contract. Where an officer of a corporation, contracting with two parties for commissions to be paid by the corporation, first agreed with one of the parties, his restatement of the terms to the other party, who assented thereto, immediately or shortly thereafter, is sufficiently part of the res gestae to be admissible-against the corporation.</p> <p>Corporations — Contracts Before Incorporation. When a contract is made by the promoter of a corporation which, after organization, adopted the contract and received the benefits, the corporation-is liable ther