Kenway v. Hoffman

Citations

• 51 Wash. 105
• 98 P. 98
• 1908 Wash. LEXIS 976

Syllabus

<p>Appeal — Review—Error Favorable to Appellant — New Trial— Verdict — Remission of Excess. Where, in an action on quantum meruit for services performed, no exception was taken to an instruction that the plaintiff was entitled to recover the whole sum demanded, if anything at all, the defendant cannot allege error in that the court inconsistently required the plaintiff to remit a part of the verdict, as that was favorable to the defendant.</p> <p>New Trial — Newly Discovered Evidence — Lack of Diligence. A new trial asked on the ground of newly discovered evidence is properly denied for want of diligence, where the action was for drawing architect’s plans, and the new evidence was that of expert witnesses at the trial who had since made an examination of the plans and claimed that they were defective.</p> <p>Same — Controverted Affidavits — Discretion. Where affidavits in support of a motion for a new trial for newly discovered evidence are controverted by affidavits by the adverse party, it is discretionary to grant or refuse a new trial.</p>