McCorkle v. Mallory

Citations

• 30 Wash. 632
• 71 P. 186
• 1903 Wash. LEXIS 357

Syllabus

<p>JOINDER OE ACTIONS — BREACH OF CONTRACT — CONVERSION.</p> <p>It is not a misjoinder of causes of action to unite in one complaint an action for tbe recovery of damages for tbe breach of a contract, and an action which sets up the same contract and alleges that plaintiff, in order to fulfill it, erected certain buildings and camp equipment, and that defendant wrongfully took possession thereof and refused delivery on demand.</p> <p>PLEADING-DEPARTURE — NEW MATTER IN REPLY.</p> <p>Ne^v matter, not inconsistent with the complaint, constituting a defense to new matter set forth in the answer, may be alleged in the reply, without being open to the objection of being a departure from the cause stated in the complaint.</p> <p>SPECIAL VERDICT-WHEN CONSTRUED TO SUPPORT GENERAL VERDICT.</p> <p>Where a special verdict is susceptible of two constructions, one of which will support the general verdict and the other will not, such construction should be given as will support the general verdict.</p> <p>JURORS-IMPLIED BIAS-RELATION OP ATTORNEY AND CLIENT.</p> <p>A client of an attorney for one of the parties, called as a Juror, is not subject to challenge on the ground of implied bias, under Bal. oode, § 4984, which provides that a challenge for implied bias may be taken when the juror stands in the relation of attorney and client to the adverse party.</p> <p>DAMAGES-DOUBLE ASSESSMENT-BREACH OP CONTRACT AND CONVERSION.</p> <p>In an action for damages for breach of contract to take logs cut by plaintiff on defendant’s land, and for the conversion of plaintiff’s buildings and camp equipment necessary in the performance of such contract, and which he was entitled to remove at the expiration of the contract, a verdict determining loss of profit under the contract and assessing damages for the appropriation of the buildings, etc., would not be a double assessment of damages.</p>