Hurd v. Wysong

Citations

• 109 Wash. 202
• 186 P. 301
• 1919 Wash. LEXIS 965

Syllabus

<p>Appeal (406)—Review—Discretion—Grant oe New Trial. The granting of a new trial on all the statutory grounds rests in the discretion of the trial court, and will not be disturbed except for abuse of discretion.</p> <p>New Trial (55)—Order—Scope. In the granting of a new trial in an action on a contract to pay a fixed price per'foot for the digging of a well, defended on the ground that plaintiff had guaranteed to bring in water and had breached his contract by ceasing work, it is proper to permit the plaintiff to make a further test of the well, sincé he would be entitled to produce new evidence; but it is error to order that plaintiff be permitted to dig the well deeper to bring in water, since he cannot change the theory of or revive the contract after the breach.</p>