Mann v. O'Neil

Citations

• 29 Wash. 115
• 69 P. 635
• 1902 Wash. LEXIS 563

Syllabus

<p>SUBSCRIPTION POR SUBSIDY-ACTION ON CONTRACT — -EVIDENCE.</p> <p>In an action upon a subscription contract, tbe admission of parol evidence on tbe part of tbe obligor of tbe purposes of a meeting of tbe subscribers prior to its execution is not erroneous, where plaintiff has given bis version of the meeting.</p> <p>SAME.</p> <p>In an action upon a subscription contract, tbe verdict of tbe jury in favor of defendant is warranted, where tbe evidence tends to show that a foreign corporation obtained subscriptions from defendant and other farmers as a subsidy for tbe erection of a beet sugar factory; that these subscriptions were placed in tbe bands of three of their number as trustees who- were to retain same until assurances of tbe satisfactory construction of tbe factory, when they were to be turned over to tbe obligee or its assigns; that correspondence between the corporation and the committee showed that it had abandoned the proposed factory prior to said assignment because of the fact that a foreign corporation could not hold land in this state; that one member of the committee, without consultation with the others, took said contracts from a safe where they were deposited and delivered them t'o an assignee of the foreign corporation; and that its assignee had duly constructed the factory within the time limited.</p> <p>SAME-EIGHTS OE ASSIGNEE-INSTBUCTIONS.</p> <p>In an action by an assignee upon a subscription contract given for the construction of a beet sugar factory, the court’s refusal to charge the jury that if plaintiff advanced money which was used in carrying out the objects and purposes of the note and contract sued on, and in advancing the money relied upon said note for his repayment, they should find for plaintiff, was not error, where the evidence tended to show that his assignor had no rights under the contract by reason of its non-assignment to such assignor by the original obligee, and the court had fairly and fully covered the ground as to the