Griffith v. Ridpath

Citations

• 38 Wash. 540
• 80 P. 820
• 1905 Wash. LEXIS 1204

Syllabus

<p>Trial—Exclusion of Witnesses—Discretion. It is discretionary to exclude the witnesses from the court room, and refusal to do so is not ground for reversal where no evident abuse of discretion appears.</p> <p>■ Pleadinó and Proof—Variance—Contracts—Extras—Compensation For—Quantum Meruit—Special Contract. It is not a fatal variance that the complaint sought recovery for extra plumbing upon a quantum meruit, and the proof measured the compensation by comparison with the plumbing for the balance of the building at the contract price, where the defendant’s answer admitted the doing of the work and alleged a special contract tó pay for the same, the amount to be determined by a proportionate comparison with the cost of the other work..</p> <p>Appeal and Error—Record—Instructions Not Included—Presumptions. Where the instructions to the jury were not brought up in the record, an unchallenged statement of the respondent, as to an instruction given, may be accepted, and the court will assume that the instructions given were what they should have been upon the whole case.</p>