McNall v. Sandygren

Citations

• 100 Wash. 133
• 170 P. 561
• 1918 Wash. LEXIS 720

Syllabus

<p>Action—Joinder—Causes Arising Out of Same Transaction. A cause of action for damages from failure of a lessor to erect buildings stipulated for in a lease, and a cause for money expended by a tenant in caring for the lessor’s share of the crops, may be joined under Rem. Code, § 296, as arising out of the same transaction.</p> <p>Same—-Joinder—Actions on Contract. Under Rem. Code, § 296, causes of action on contract may be joined, they arising out of different transactions.</p> <p>Appeal—Review—Harmless Error. Where causes of action improperly joined were expressly withdrawn from the jury, any ruling as to improper joinder is immaterial.</p> <p>Action — Joinder-—Contract or Tort. An action for damages through failure of a lessor to erect buildings stipulated for in the contract of lease is an action on contract and not in tort, within Rem. Code, § 296, relating to the joinder of causes of action.</p> <p>Evidence—Damages. It is admissible to testify as to damages by stating specific losses in money value, where the complaint and bill of particulars specifically set -out items of loss, and the witness testified to facts on which the money valué was based.</p> <p>Landlord and Tenant—Damages—Evidence—Materiality. Damages to a tenant by reason of having no buildings, as agreed upon, to store seed wheat, cannot be defeated by showing that he had no seed wheat at the time in question.</p> <p>Witnesses—Impeachment—Materiality. In an action for the landlord’s failure to perform the contract of lease, evidence of any acts interfering with tenant’s full enjoyment of the lease is proper matter for impeachment; and it is not a collateral matter that defendant told a miller not to sell plaintiff any feed or grain.</p> <p>Appeal — Review — Instructions. In the absence of requests therefor, error cannot be assigned upon the failure to instruct that a counterclaim was still before the jury, after withdrawal of a cause of action to which it was addressed as a defense.</p>