Driver v. Galland

Citations

• 59 Wash. 201
• 109 P. 593
• 1910 Wash. LEXIS 1166

Syllabus

<p>Evidence — Parol Evidence — Contracts. In an action for services performed, oral testimony as to negotiations prior to a written contract for services is proper,' where part of the services were performed before the written contract was made.</p> <p>Appeal — Review—Harmless Error — Evidence. Error cannot be predicated upon the admission of cumulative evidence upon a point proven at length without objection.</p> <p>Principal and Agent — Authority of Agent — Evidence—Sufficiency. There is sufficient evidence that defendant’s agent and attorney in fact, who had general authority to build a house, had authority to change or abrogate the written contract entered into by him and to substitute an oral agreement respecting the compensation of the builder, where whatever was done was in the legitimate carrying out of the enterprise for which the agency was created, and the agent, testifying as a witness for the defendant, said that he was the agent and attorney in fact for the defendant in the transactions with the plaintiff. .</p> <p>Same — Pleading—Denial—Sufficiency. Where a general denial in a paragraph in a complaint alleged that the defendant through an agent and attorney in fact orally employed plaintiff upon a certain consideration to build a house, a general denial thereof and particularly that any other contract was made than a certain written contract, does not put in issue the authority of the agent to represent the defendant in the transaction, where another paragraph of the complaint alleging that the person was the agent and attorney in fact of the defendant was not denied in the answer.</p> <p>Appeal — Review—Theory of Trial Below. As the supreme court will determine a cause upon the theory on which it was tried below, a defendant in an action on contract made by an agent and attorney in fact cannot urge in the supreme court that there was no evidence of authority of the agent to make the contract, where the pleadings did not raise that question, no eviden