King v. Second Avenue Investment Co.

Citations

• 117 Wash. 41
• 200 P. 572
• 1921 Wash. LEXIS 998

Syllabus

<p>Evidence (173) — Parol Evidence to Vary Writing — Relation op Oral Agreement to Writing. Where a broker’s contract for a commission had alternative provisions, one in writing and one oral, which were not inconsistent, evidence of the oral stipulation is not contradictory of the written stipulation.</p> <p>Brokers (27) — Contract op Employment — Compensation—Rate or Amount. Where brokers are employed under a written contract to procure a loan in a stated amount for principal and interest, and subsequently, under an oral contract, are instrumental in procuring the loan for a less sum at a greater rate of interest, their compensation is measurable at the same rate as provided in the written contract, in the absence of any alteration by the terms of the oral understanding.</p> <p>Mackintosh, J., dissents.</p>