Lawrence v. Pederson

Citations

• 34 Wash. 1
• 74 P. 1011
• 1904 Wash. LEXIS 301

Syllabus

<p>New Trial — Questions op Law Only — Reviewed Regardless op Discretion op Trial Court — Sales—Option—Payment. In an action to recover commissions for effecting a sale of mining property, where it appears at the trial that only an option had been secured and no sale made thereunder, and a nonsuit is granted, the subsequent granting of a new trial upon the sole ground that the sale had been effected by payment in full since the trial, raises only a question of law, and the ruling is subject to review on appeal without reference to the trial court’s discretion.</p> <p>New Trial — Nonsuit—Pleadings—Supplemental Complaint— New Cause op Action. After the granting of a nonsuit because no cause of action existed at the time of the trial, a new trial can not be granted or a supplemental complaint allowed to show a cause of action subsequently arising which did not exist when the action was commenced.</p> <p>Brokers — Sales — Option — Pleadings — Supplemental Complaint Introducing New Cause op Action. In an action to recover commissions for effecting a sale, a written contract optional in form, is not evidence of an actual sale, and a supplemental complaint showing a subsequent sale by payment in full under the option introduces a cause of action not existing before, and can not be sustained on the theory that it merely introduces new facts showing that the parties construed the transaction as an actual sale from the beginning.</p> <p>Brokers — Action eor Commissions — Option not a Sale— Part Payment Under an Option. A broker, whose contract is to effect a sale, is not entitled to commissions where the contract for the sale of mining property for $56,500 stipulates that the owner agrees to sell upon the payment of specified amounts at certain times, without any agreement on the part of the purchaser to pay the amounts, although $2,500 is paid for the privilege of the option, and possession is taken and improvements are made, and later $5,000 more is paid for an extension, t