Kelly, Dunne & Co. v. Johnson
Citations
- 5 Wash. 785
- 32 P. 752
- 1893 Wash. LEXIS 66
Syllabus
<p>ASSUMPSIT — PLEADING AND PROOF—VARIANCE.</p> <p>In an action against two as partners, for goods sold and delivered to them at their instance and request, where the evidence is to the effect that they had merely undertaken to be responsible for the purchase of said goods by a certain corporation, the jury should be instructed to return a verdict for the defendants, if they find that the goods were sold to such corporation.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “A motion is not evidence of the facts averred in it.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Anders, Dunbar, Hoyt, Scott, Stiles
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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