Ingebrigt v. Seattle Taxicab & Transfer Co.

Citations

• 78 Wash. 433
• 139 P. 188
• 1914 Wash. LEXIS 1041

Syllabus

<p>Contracts — Performance ob Breach — Termination. A contract by plaintiff to furnish a motor truck and work for a baggage company for one year, at a certain rate per day, of specified hours, except one hour off for lunch, is breached and may be terminated, where plaintiff, knowing that defendant had a contract for carrying all the baggage to certain hotels, collected and retained part of the compensation, justifying by saying that he always tried to do that dhring the noon or lunch hour.</p> <p>Contracts — Yacidity—Duress—Evidence—Sufficiency. ’Whére an employee had unlawfully appropriated money belonging to the employer, it is not duress, invalidating a sale of a motor truck, for the employer, in order to force a settlement, to point out to the employee that he was subject to arrest and imprisonment and to threaten the same, where there was no actual arrest or statement that a prosecution had been commenced, and where, after a full discussion, during which the employee twice left the office and voluntarily returned, he mad'e a bill of sale of the truck in settlement of the claim against him, accepting a check for the balance which he retained.</p>