Church v. Wilkeson-Tripp Co.

Citations

• 58 Wash. 262
• 108 P. 596
• 1910 Wash. LEXIS 927

Syllabus

<p>Brokers—Contract—Breach—Action for Damages—Evidence— Sufficiency. The evidence is sufficient to entitle brokers to recover damages for breach of a contract, and a nonsuit is properly denied, where it appears that they were employed by the defendants, promoters of a mining corporation, to sell bonds and stock on commission, that the defendants refused, on demand, to perfect their title to the property or to deliver the bonds, and that the plaintiffs then gave notice that they would rescind the contract and hold the promoters for their commissions as damages sustained.</p> <p>Partnership—Business Name—Statutory Provisions—Risi-it to Sue. Partners may maintain an action upon a contract entered into by them as individuals without having complied with Rem. ■& Bal. Code, § 8369, requiring the filing of a certificate showing their assumed business name and the names of the members of the firm, where before suit brought they filed the required certificate showing that they were then doing business under the assumed name by which they sued, and that they were the only members of the firm.</p> <p>Brokers — Contracts — Stipulations — Construction — Waiver. Where a broker’s contract provided for the sale of bonds on commission within a specified time after receiving written notice of the deposit of the bonds, notice in writing is for the protection of all the parties, and is waived where the authorized agent of the principals notified the brokers that the bonds were ready for sale and delivery and that the notice would be waived, and the brokers relied and acted thereon.</p> <p>Brokers—Contract of Employment — Breach — Damages—Expenses Incurred. Where a broker’s contract for the sale of bonds on commission required the brokers to pay all expenses and outlay for advertising, etc., and on breach of the contract, the brokers sued to recover all the commissions that they might have earned, they are not entitled to reimbursement for expenses incurred, although pleaded, and eviden