Hopkins v. Craib

Citations

• 101 Wash. 309
• 172 P. 201

Syllabus

<p>Partnership—-Action for Accounting—Pleading—Variance. In an action by a partner for an accounting of the profits, it is not a fatal variance for the complaint to allege a partnership in the entire business while the proof showed an interest in only a part.</p> <p>Same—Action for Accounting—Allowance of Interest. In an action by a partner for an accounting of the profits, interest should not be allowed a partner on capital invested, where interest on withdrawals of money from the partnership funds completely offset the interest that would otherwise be due.</p> <p>Reference—Report—Evidence—Transcription. Upon a referee’s report upon a partnership accounting, it is not error to refuse to require the shorthand notes to be transcribed, where the referee reported that it would cost a large sum of money, the evidence of the chief witnesses was found in the reports and schedules, and he fairly stated the evidence of other witnesses, and there was no showing that appellants offered to advance the money necessary to obtain the transcript; Rem. Code, § 375, requiring the referee to report all the evidence being mandatory only in cases where the means are provided by the complaining party.</p> <p>Appeal—Review—Presumptions—Costs-—Witness Fees. Where there is nothing in the record to show that witnesses before a referee did not report their attendance each day, it will be assumed on appeal that the witnesses who appeared and were examined were entitled to compensation as witnesses.</p>