Hofreiter v. Schwabland

Citations

• 72 Wash. 314
• 130 P. 364
• 1913 Wash. LEXIS 1454

Syllabus

<p>Trover and Conversion — Trial—Instructions. In an action for the conversion of a house, built by partners with joint funds, upon the separate property of the plaintiff, and which, on dissolution of the partnership, was to be divided as personalty, the sole issue being whether defendant’s half interest in the house was included in an exchange of properties and passed to the plaintiff, an instruction on the subject of common law fixtures, and casting the burden of proof of ownership of the house on the defendant, is misleading and erroneous.</p> <p>Trover and Conversion — Measure or Damages. In an action for the conversion of a house, removed from plaintiff’s land, the measure of damages is the value of the house at the time of its removal, with interest, and not the value of the use of the house on the premises from the time of its removal.</p> <p>Appeal — Record—Written Instructions. Instructions wholly in writing are part of the record on appeal, without being incorporated in the bill of exceptions or statement of facts.</p> <p>Appeal — Preservation op Geounds — Exceptions. Exceptions to instructions specifying the paragraphs by number are sufficient.</p>