Nilsson v. Martinson

Citations

• 72 Wash. 286
• 130 P. 106
• 1913 Wash. LEXIS 1448

Syllabus

<p>Work and Labor — Action for Service — Implied Contract — Evidence — Sufficiency. An implied contract to pay for clearing land is not shown, where it appears that plaintiff went upon the land of his son-in-law and used it for crops, from 1904 to 1911, without any request on the part of the defendant, or any demand for pay, or any offer to account for the products, on the part of the plaintiff, although crops were raised every year.</p> <p>Appeal — Review—Harmless Error — Instructions. Error in instructions is harmless where the court should have tafeen the case from the jury and directed a verdict against the appellant.</p> <p>Trial — Instructions. An instruction that jurors should follow their own consciences or whatever they believe to be the truth, irrespective of anything else in the case, is an abstract platitude, and erroneous as tending to mislead the jury.</p>