Hershey v. Hanauer

Citations

• 108 Wash. 498
• 185 P. 627
• 1919 Wash. LEXIS 935

Syllabus

<p>Pleading (104, 114)—Amendment to Conform to Proof—Effect. After allowance of a trial amendment to the complaint to conform to proof, plaintiff is entitled to the benefits of the proofs which supported the complaint as amended.</p> <p>Brokers (7)—Trover and Conversion (4)—Question for Jury— Sale of Mining Stock. A prima facie case of conversion and a question for the jury is made where there was evidence that defendants, as brokers, sold eleven thousand shares of plaintiff’s mining stock, falsely representing that they had sold but one thousand shares, and delivered the shares to make good another sale made on the account of another.</p> <p>Same. In such a case, the acceptance by plaintiffs of a return of the shares withheld does not waive the conversion, where the acceptance was conditional and at an agreed price less than its value at the time of the conversion.</p> <p>Evidence (48)—Competency—Market Value—Sales. The price at which mining stock was sold on the exchange on a certain day is competent evidence of its market value at that time.</p>