Kubillus v. Ewert

Citations

• 40 Wash. 38
• 82 P. 147
• 1905 Wash. LEXIS 933

Syllabus

<p>Appeal — Notice—Time por Taking. The time for taking an appeal from a judgment commences to run from the time of overruling a motion for a new trial seasonably made.</p> <p>New Trial — Time por Filing Application- — Computation—Holidays Excluded. Under Bal. Code, § 5075, requiring a motion for a new trial to be filed within two days, and § 4790, excluding holidays, a motion for a new trial is in time if made on the fourth day, where two consecutive legal holidays intervene.</p> <p>Appeal — Dismissal—Motion Docket. A motion to dismiss an appeal not placed on the motion docket is technically not before the court upon the hearing on the merits, where respondent files no printed brief, but may be considered when principally relied on by the respondent.</p> <p>Appeal and Error — Record — Review — Evidence on Dissolving Temporary Restraining Order Not Brought Up. An order dissolving a temporary restraining order will not he reviewed on appeal where the oral evidence heard and considered on the motion is not brought up in the record.</p> <p>Contracts — Construction — Sale of Business — Condition fob Benefit of Vendees that a Lease Be Secured — Waiver by Vendees— Refusal of Vendors to Perform — Meeting of Minds of Parties. A condition in an agreement for the sale of a butchering business, providing that the vendees shall have until a certain date to secure a lease of the premises, which they undertake to do, and that the contract shall be at an end and the purchase money returned if a lease cannot be secured, is for the sole benefit of the vendees and may be waived by them, making the sale absolute and binding on the vendors.</p> <p>Partnership — Contracts—Authority of Co-Partner to Execute —Evidence—Sufficiency. Evidence that one partner was not satisfied with a contract of sale, is not evidence of want of authority of his copartner to make it, there being no evidence that the price was inadequate.</p>