Collins v. Fidelity Trust Co.

Citations

• 33 Wash. 136
• 73 P. 1121
• 1903 Wash. LEXIS 499

Syllabus

<p>Compromise—Attorney’s Authority—Specific Performance— Teial—Objection not Made Below. In an action for specific performance of a compromise of pending suits entered into by attorneys, an objection that an attorney was not authorized cannot be first raised in the supreme court, and such objection is not saved by an offer of new proofs on a motion for a new trial.</p> <p>Same—-Statute of Frauds—Memorandum. Where a somewhat indefinite memorandum of settlement has been acted upon, and benefits constituting the consideration have been received, a party is estopped from asserting that it is not such as can be enforced by specific performance, or that it is within the statute of frauds.</p> <p>Appeal—Review—Harmless Error—Trial—Advisory Verdict —Instructions. Where issues of fact in an equity case are submitted to the jury, errors in instructions or in reading law to the jury are not prejudicial, as the verdict is merely advisory and the case is tried cíe novo on appeal.</p> <p>New Trial—Point not Raised at Teial. A new trial is properly refused upon the mere offer of evidence upon a point not raised at the trial after full opportunity to do so.</p> <p>Appeal—Reviewv Objections not raised below will not be considered on appeal.</p>