Green v. Bouton

Citations

• 101 Wash. 454
• 172 P. 576
• 1918 Wash. LEXIS 862

Syllabus

<p>Appeal—Review—Recobd. Error cannot be predicated upon requiring the plaintiff to make an election where neither the pleadings nor the ruling complained of are brought up in the record.</p> <p>Pbincipal and Agent—Negligence oe Agent—Measube oe Damages—Btjbden oe Peooe. In an action by a principal against his agent for negligence in failing to take security for money loaned for plaintiff, in order to make a prima facie case for more than nominal damages it is not necessary to show the insolvency of the debtor; but a prima facie case having been made by proof of the negligence of the agent and a reasonable probability that with due care the collection could have been made, the burden is then upon the agent to show a reduction of the loss or that there was no damage.</p>