Motor Mill Co. v. Wilson

Citations

• 128 Wash. 592
• 223 P. 1041
• 1924 Wash. LEXIS 557

Syllabus

<p>■Sales (39) — Contract—Evidence—Admissibility. Where plaintiff claimed to have purchased logs at $22 a thousand and defendant claimed that the agreed price was $26, it is reversible error to exclude plaintiff’s evidence as to the price of cedar logs on the open market on the day in Question.</p> <p>Trial (30) —Reception of Evidence — Rebuttal — Waiver of Objections. Objection to evidence, offered in rebuttal, upon the ground that it was immaterial does not raise the point that it was not proper in rebuttal but should have been offered in chief.</p> <p>Evidence (48) — Competency—Value of Property. Proof of the value of property cannot be shown by proof of what the owner would have taken for it.</p> <p>Appeal (386) — Review—Waiver of Error. Upon an issue as to the agreed price for cedar logs purchased by plaintiff from defendant, plaintiff’s objection to defendant’s incompetent evidence of the value does not waive error in excluding plaintiff’s offered competent evidence of their value on the open market.</p>