Lost Lake Lumber Co. v. Smith

Citations

• 29 Wash. 713
• 70 P. 134
• 1902 Wash. LEXIS 631

Syllabus

<p>TRIAL-ADMISSIBILITY OF DEFENDANT’S EVIDENCE ON PLAINTIFF’S CASE IN CHIEF.</p> <p>In an action for damages for breach of contract to furnish logs, in which an issue had been raised of a modification of the contract, the action of the court in admitting in evidence certain letters tending to establish defendant’s affirmative defense, upon the cross-examination by defendant of plaintiff’s witness, was not erroneous, when the correspondence between the parties had been int'roducd by plaintiff to show the course of dealing between them, and these letters presented by defendant had been offered as part of the same correspondence.</p> <p>SAME-NONSUIT-RELEVANCY OF EVIDENCE FOR MORE THAN ONE PURPOSE-WRITTEN INSTRUMENTS-CONSTEUCTION BY COURT.</p> <p>In such case, upon defendant’s motion for a nonsuit at the close of plaintiff’s evidence, the court was entitled to consider such letters' for the purpose of determining whether the contract had been in fact modified, since such letters, being properly in evidence for one purpose, were material and relevant for whatever they contained, and their construction and effect devolved upon the court instead of raising a question for the jury.</p>