Corbet v. Waller

Citations

• 27 Wash. 242
• 67 P. 567
• 1902 Wash. LEXIS 384

Syllabus

<p>MORTGAGES SETTLEMENT — AGENT’S AUTHORITY SUFFICIENCY OF EVIDENCE.</p> <p>Where a mortgagor sets up the defense on foreclosure that he had settled his debt with the mortgagee by deeding him a portion of i~e mortgaged premises, judgment in nis favor is unwarranted when the evidence merely shows that whatever agreement for settlement was made was with an agent of the mortgagee, whose testimony was to a different agreement than that alleged by the mortgagor, and that whatever authority the agent had was in writing and in his possession, and such written authority was not produced.</p>