Hartman v. Belden

Citations

• 38 Wash. 655
• 80 P. 806
• 1905 Wash. LEXIS 1227

Syllabus

<p>Accounting — Contracts—Pleadings—Variance—Failure of Proof. In an action for an accounting, in which one of tbe defendants was tbe agent and employee of tbe plaintiff and tbe other defendant, it is error to render a joint and several judgment against tbe defendants, where .the complaint alleges a contract between tbe plaintiff as one party, and‘the defendants jointly as tbe other parties, and tbe proof showed a contract between tbe defendant agent as one party, and bis two employers jointly, as tbe other party; since tbe same is a fatal variance amounting to a failure of proof under Bal. Code, § 4951.</p> <p>' Accounting—Sale of Mining Stock by one of two Promoters— Contract to Sell Joint Stock—Sale of Independent Stock— Damages. Where the defendant agreed to sell certain mining stock, held oy him and the plaintiff jointly as promoters of a mining corporation, for the purpose of meeting certain expenses, but instead sold his individual stock, he would be liable on the contract to the plaintiff for the damages sustained, but the plaintiff could not, in an action for an accounting, have the sale of the individual stock declared a sale of the joint stock, and it is error for the trial court to arbitrarily fix the value of such stock sold, and give judgment for the plaintiff’s share as for a sale of joint stock.</p>