Gage v. Gage

Citations

• 78 Wash. 262
• 138 P. 886
• 1914 Wash. LEXIS 1010

Syllabus

<p>Husband and Wipe- — 'Separate Property op Wipe — Personal Earnings — Agreements. A husband and wife may orally agree that the wife’s personal earnings shall be her separate property; and where evidence of such an agreement is undisputed, the jury is warranted in following it.</p> <p>Work and Labor — Action por Compensation — Reasonable Value —Recovery. In an action for the reasonable value of services rendered, under a contract of employment which did not fix the specific amount of the compensation, the jury may award a less sum than the amount claimed.</p> <p>Appeal — Review—Objections—Waiver. Appellant cannot allege error in the changing of the issues by the dismissal of a party, where no objection was made below.</p> <p>Appeal — Review—New Trial — Discretion. Tbe refusal of a new trial on tbe ground of newly discovered evidence will not be disturbed where tbe showing was conflicting and tbe trial court did not abuse its discretion.</p> <p>Appeal — Review—Objections—Waiver. Error cannot be predicated on failure to state tbe issues in the instructions, where tbe same bad been changed at tbe trial without objection, and as changed were fairly* stated.</p> <p>Appeal — Review—Harmless Error — Instructions. Appellant cannot predicate prejudicial error in failing to submit an issue as to which the evidence was undisputed, especially where there was only a very general oral request therefor.</p>