Haefele v. Brackett

Citations

• 95 Wash. 625
• 164 P. 244
• 1917 Wash. LEXIS 862

Syllabus

<p>Master and Servant — Wages—Actions—Evidence — Admissibility. In an action on express contract for the balance due for work and labor, in which the contract was admitted but the amount to be paid was disputed, evidence of the reasonable value of the services is admissible as circumstantial evidence as to which contention of the parties was correct.</p> <p>Estoppel — Pleading—Proof. Under a plea of payment in full, the acceptance of partial payments without protest will not be declared to work an estoppel, as a matter of law, where the facts are disputed, no estoppel having been pleaded.</p> <p>Master and Servant — Wages — Payment — Evidence — Sufficiency. Upon an issue as to whether defendant had paid plaintiff in full for work and labor, evidence that the defendant had stated what the wages were and that he was holding back part of them, makes the issue a question for the jury, especially where the plaintiff, a Swiss farm hand, was somewhat given to going on periodical sprees.</p> <p>Trial — Verdict—Misconduct of Jury. A verdict for less than the amount claimed by plaintiff cannot be objected to by defendant, where the answer made issues which permitted the jury to reject part of the plaintiff’s claims.</p>