Merrill v. O'Bryan

Citations

• 48 Wash. 415
• 93 P. 917
• 1908 Wash. LEXIS 884

Syllabus

<p>Partnership — Authority of Partner — Scope of Business. The purchase of lumber by a transportation copartnership, operating steamers on the Yukon river, is within the scope of the authority of one of the resident managing partners, although the company did not do a trading business, where the lumber was used by the partnership in the construction of a warehouse to be used in its business.</p> <p>Appeal — Review—Findings—Questions of Fact. Whether the act of a partner is within the scope of his employment is a question of fact, and a finding thereon will not be disturbed if the evidence is sufficient to sustain it.</p> <p>Evidence — Declarations of Partner — Authority. Upon a sale of lumber to a nontrading partnership, the declaration of the partner making the purchase that the lumber was to be used, and was used, to build a warehouse for the company’s business is not inadmissible, but is a fact concerning the business, which may be shown.</p> <p>Continuance- — Grounds—Surprise. Surprise from unexpected evidence, as ground for a continuance, is not shown where, three months before the trial, an affidavit, used by stipulation as a deposition, apprised the party that the fact testified to would arise at the trial.</p>