Coggins v. City of Seattle

Citations

• 16 Wash. 489
• 48 P. 239
• 1897 Wash. LEXIS 350

Syllabus

<p>MODIFICATION OF CONTRACT—EVIDENCE.</p> <p>In an action upon a contract -which provided that plaintiff was to receive forty cents per ton for hauling water pipe from, the cars to a certain storage ground, and eighty-five cents per ton if required to distribute the pipe from the cars to other points in the city, as directed by the superintendent of water works, in which an issue has been raised as to a modification of the contract, in regard to hauling to new storage grounds, evidence tending to show that plaintiff could afford to make the modification is not competent to show he did make it, nor is the fact of his hauling to said storage points under the direction of the superintendent competent to show acquiescence in the modification of the contract, since under the contract plaintiff was required to haul where directed.</p>