Coey v. Darknell

Citations

• 25 Wash. 518
• 65 P. 760
• 1901 Wash. LEXIS 425

Syllabus

<p>WITNESSES-SCOPE OF CROSS-EXAMINATION.</p> <p>In an action upon a promissory note, where there was a distinct issue raised hy the pleadings as to whether it had been partially paid by defendant’s delivery to plaintiff of a crop of wheat, and where defendant’s witness had testified to that effect, cross-examination of the witness directed to the condition of the crop, for the purpose of showing that the quality of the wheat would make such a contract improbable, was proper, although the witness had not testified in chief as to the condition or value of the crop.</p> <p>SAME — QUESTION FOR JURY.</p> <p>In such a case, it is not only competent for plaintiff to show the improbability of the alleged contract owing to the poor condition of the wheat, by cross-examination of defendant’s witnesses, hut he would be entitled to have the question of such improbability submitted to the jury upon the cross-examination alone, without the introduction of rebuttal evidence.</p>