Nielsen v. Northeastern Siberian Co.

Citations

• 40 Wash. 194
• 82 P. 292
• 1905 Wash. LEXIS 961

Syllabus

<p>Appeal — Review—Theory of Trial — Same as in Lower Court— Tort or Contract. When counsel state in the court below that the action is upon contract, it will he tried upon that theory on appeal.</p> <p>Contracts — Partly Written and Partly Oral — -Negotiations Culminating in Written Agreement. Oral statements of solicitors of the defendant are not part of a written contract of employment signed by the defendant’s president and manager, whereby plaintifí agreed to prospect in Siberia for more than one year; since the written contract is presumed to embody the terms of the agreement, and the solicitors had no power to bind the company by an oral agreement, not to be performed within one year.</p> <p>Same — Agents — Solicitors — Authority—Statements Preliminary to Execution of Written Contract by Officer of Company. An agent employed merely to solicit prospectors to engage in the service of the principal, has no authority to make or modify a contract of service for the principal.</p> <p>Contracts — To Prospect in Siberia — Transportation—Destination or Port of Delivery — Expulsion From Ship — Breach of Contract — Findings—Evidence—Sufficiency. Where the plaintiff engaged to prospect for the defendant in Siberia, and was transported to the Siberian coast in one of the defendant’s vessels, without specification as to the port where he should be landed, except that it was to be on the Siberian coast, it is not a breach of the contract that he was forcibly ejected at a point where the defendant had a station.</p>