Haines & Spencer v. Kelley

Citations

• 57 Wash. 219
• 106 P. 776
• 1910 Wash. LEXIS 729

Syllabus

<p>Logs and Logging — Sale op Timbee — Execution—Evidence—Sufficiency. Whether there was a contract for the sale of timber is for the jury, where the evidence was conflicting and one of the parties testified to the making of the contract, after all other negotiations had failed, and it appeared that he gave a check for the amount to be paid, indorsed on the face “payment in full for all timber” on the tract in question, which check was cashed.</p> <p>Appeal and Error — Record—Affidavits—New Trial. Error in refusing a new trial for newly discovered evidence will not be reviewed where the affidavits used on the application are not brought up by a bill of exceptions or statement of facts.</p>