Palmer v. Huston

Citations

• 67 Wash. 210
• 121 P. 452
• 1912 Wash. LEXIS 1148

Syllabus

<p>Loss and Logging — Contracts—Performance or Breach — Partial Performance- — Damages. Upon breach of a logging contract by defendant, plaintiffs can recover at the contract price for logs cut and delivered by them up to the time of defendant’s breach.</p> <p>Aepeal — Review — Harmless Error — Counterclaim — Instructions. Upon breach of a logging contract by defendant, an instruction that the defendant could counterclaim for damages sustained by reason of plaintiffs’ failure to fully perform the. contract is error favorable to the defendant of which he cannot complain.</p> <p>Trial — Instructions—Preponderance of Evidence. An instruction that the preponderance of the testimony is the excess over the amount necessary to balance the scales; entitling the party furnishing it to a verdict, is proper.</p>