Go Fun v. Fidalgo Island Canning Co.

Citations

• 37 Wash. 238
• 79 P. 797
• 1905 Wash. LEXIS 710

Syllabus

<p>Appeal and Error — Review—Verdict. The verdict of a jury upon conflicting evidence is controlling and will not be disturbed on appeal.</p> <p>Contracts — 'Breach—Stipulated Damages — Evidence of Actual Profits — Immateriality. In an action upon a contract to pack fish for a canning company, wherein stipulated damages of forty cents a case are agreed upon for each case less than 3,300, upon the failure of plaintiff to pack that number each day, it is proper to exclude evidence of the actual profit on each case of fish packed, offered by the defendant for the purpose of showing that it did not refuse the use of the machinery during certain hours, since there was no issue as to such profits, and the evidence would tend to confuse the jury.</p> <p>Contracts — Construction — Sundays —Work Upon — Instructions. In an action upon a contract to pack a certain number of cases of fish for a canning company on every day during the continuance of the contract, and for stipulated damages per case for any shortage in the required amount, it is proper to instruct the jury to the effect that the plaintiff could not be charged with any shortage occuring on Sunday, nor offset the fish packed on Sunday against shortages occurring on other days, since the contract did not require work on Sundays.</p> <p>Appeal and Ep.itoit — Review—Instructions. It is not error to refuse specific instructions that are covered in the general charge.</p>