Hopkins v. International Lumber Co.

Citations

• 33 Wash. 181
• 73 P. 1113
• 1903 Wash. LEXIS 505

Syllabus

<p>Appeal—Review—Evidence—Harmless Error. Error in the admission of evidence in a law action tried by the court without a jury is harmless, as the supreme court tries the case de novo on appeal, and will disregard such testimony.</p> <p>Actions—Demand Before Suit—Sales. In an action for a balance due for lumber sold and delivered, a demand before suit only affects costs, and where it would have availed nothing, commencing suit is a sufficient demand.</p> <p>Contracts—Sales—Furnishing Estimates-—Estoppel. Upon' a contract for the sale of lumber stipulating that the plaintiffs should furnish the same upon the estimates of the defendant’s engineer, the defendant is estopped to assert that no estimates were obtained from the engineer, where the defendant constantly furnished the estimates, received the 'lumber and made payments thereon, and where the engineer was exclusively under defendant’s control and refused to furnish estimates to the plaintiff, stating that he furnished them to the defendant.</p> <p>Same—Evidence—-Admissions. In such case the defendant can not complain of a judgment for the contract price for the amount admitted to have been furnished under the contract, and estimated.</p>