McCowan v. Northeastern Siberian Co.

Citations

• 41 Wash. 675
• 84 P. 614
• 1906 Wash. LEXIS 1034

Syllabus

<p>Trial — Nonsuit. If there is any sufficient evidence to sustain a verdict for the plaintiff, a nonsuit should be denied.</p> <p>Contracts — Employment—Amount of Salary — Evidence—Sufficiency. Upon an issue as to the amount of plaintiff’s salary under a contract of employment, a clear and positive statement by the plaintiff that the same was to be a certain sum for five months and at the same rate if longer engaged, supported by a general statement as to the nature of his duties and responsibilities, amounts to substantial evidence requiring the denial of a motion for nonsuit, although his statements are positively denied by two witnesses.</p> <p>Same — Evidence—Admissibility—Extent of Business. Upon an issue as to the amount of salary agreed upon in a special contract, evidence as to the character of the business of the employer and the extent of its business is relevant and admissible to show the probability of the contract.</p> <p>Same — Capital Stock of Corporation. Upon an issue as to the making of a contract of employment with a corporation, the receipt of evidence of the amount of the capital stock of the defendant, brought out on the cross-examination of a witness in showing the interest of the witness in the controversy as a stockholder, is not prejudicial error.</p> <p>Trial — Instructions as to Weight of Evidence. Where, upon the material point in issue, a witness on one side is contradicted by two witnesses on the other side, it is proper for the court to instruct the jury that the preponderance of the evidence is not .necessarily determined by the greater number of witnesses; and it was error to instruct that the weight of the evidence was with the greater number of witnesses and that the testimony of two unimpeached witnesses cannot be disregarded.</p>