National Bank of Commerce v. Gougar

Citations

• 51 Wash. 204
• 98 P. 607
• 1908 Wash. LEXIS 996

Syllabus

<p>Evidence — Parol Evidence to Vary Writing — Admissibility— Account Stated. In an action upon an account stated, which was to recover sums alleged to have been advanced and paid to defendant to be used by him in operating a certain mill, oral evidence on the part of defendant that the mill belonged to the plaintiff and was operated by him for the plaintiff and that the sums were paid for plaintiff’s benefit and at its request under a verbal contract for defendant’s remuneration, is not inadmissible as varying the terms of a written lease of the mill, claimed by the plaintiff to have been made to the defendant, where the existence of the lease was not an issue or mentioned in the pleadings, but merely a collateral matter disputed by the defendant, and incidentally raised at the trial to contradict the evidence of the verbal agreement.</p> <p>Evidence — Offer to Compromise — Admissibility. In an action on an account stated, .evidence of defendant’s offer to compromise is properly struck out.</p> <p>Appeal — Review—Verdicts. The verdict of a jury will not be set aside because against the preponderance of conflicting evidence.</p>