Mortimer v. Dirks

Citations

• 57 Wash. 402
• 107 P. 184
• 1910 Wash. LEXIS 765

Syllabus

<p>Contracts — Building Contracts — Substantial Performance— Breach. The rule that substantial compliance with a building contract will entitle the contractor to recover a balance due thereon, or on quantum meruit, cannot be invoked in behalf of a contractor who “knowingly and wilfully violated the terms of the contract,” and was guilty of fraud in “skinning the job.”</p> <p>New Trial — Newly Discovered Evidence — Diligence. A new trial for newly discovered evidence is properly denied where its materiality must have been known at the trial and the slightest diligence would have procured it.</p> <p>New Trial — Absence of Witness — Diligence. It is not error to refuse a new trial on account of the absence of a witness where no continuance was asked, and the same facts could have been shown by other witnesses.</p> <p>Fullerton, J., dissents.</p>