Greely v. Newcomb

Citations

• 21 Wash. 357
• 58 P. 216
• 1899 Wash. LEXIS 290

Syllabus

<p>APPEAL-REVIEW-DISCRETIONARY MATTERS.</p> <p>The discretion of the lower court in extending the time in which appellant may file his proposed statement of facts will not be disturbed on appeal.</p> <p>SAME-INCOMPLETE RECORD — ADMISSIBILITY OP EVIDENCE.</p> <p>Where the statement of facts does not contain all the evidence relating to an issue, the supreme court will not pass upon an exception to the admission of certain evidence, when its admissibility might have been established by the omitted evidence.</p> <p>INSTRUCTIONS-WHEN PROPER-MATTERS IN ISSUE.</p> <p>Where defendant, in an action to recover upon certain promissory notes payable in hay, to be delivered at a given point, has set up as an affirmative defense a subsequent agreement modifying the contract to the effect that the defendant was to keep the hay due plaintiff until he sold his own and then account to the latter for the proceeds, which defense defendant introduced evidence tending to support, an instruction was proper which charged the jury that if they should find from the evidence that defendant had not disposed of the hay, then they should find for defendant.</p>