Moynahan v. Interstate Mining, Milling & Development Co.

Citations

• 31 Wash. 417
• 72 P. 81
• 1903 Wash. LEXIS 647

Syllabus

<p>PLEADING-OBJECTIONS —• ESTOPPEL ALTER VERDICT.</p> <p>After verdict a party is estopped to claim that the failure of an adverse party to deny certain allegation's in his pleading am'ounts to an admission of their truth, where he not only went to trial as if the allegations had been denied, but introduced evidence to support their truth, and made no objection when counter evidence was offered, or when the question was submitted to the jury for their determination.</p> <p>APPEAL-SUFFICIENCY OF EVIDENCE.</p> <p>The weight and sufficiency of the evidence is always a question for the jury, where there is a substantial conflict; and, in such case, the judgment should be affirmed, although the appellate court may be satisfied that the evidence would have permitted a different verdict.</p> <p>CONTRACT OF EMPLOYMENT — BREACH — ACTION FOR DISCHARGE — INSTRUCTIONS.</p> <p>Where, in an action to recover upon a contract of employment, evidence that plaintiff began work at an earlier date than that fixed by the written contract had been excluded on the ground that it was a variation of a written instrument by parol, it was 'error for the.court to charge the jury upon the question of defendant’s liability by reason of the plaintiff having entered upon the services at a date earlier than the written contract.</p> <p>SAME.</p> <p>In an action to recover upon a contract of employment from which plaintiff had been discharged without the sixty days’ notice provided by contract being given, the defense being that such a course was warranted by his gross breaches of contract, it was error to charge the jury that if the plaintiff was in the performance of his duties under the contract in good faith, in all its material particulars, “at the time” the defendant discharged him, then he could recover.</p> <p>SAME.</p> <p>Where the defendant, in order to justify the summary discharge of plaintiff, who was working for it under a contract of employment as its superintendent, had introduced ev