Peyser v. Western Dry Goods Co.

Citations

• 53 Wash. 633
• 102 P. 750
• 1909 Wash. LEXIS 1382

Syllabus

<p>Appeal — Review—Trial—Amendment op Pleadings. Where evidence is admitted without objection as to matters outside the issues, and the defendant was not misled and asked no continuance, the complaint will be deemed amended on appeal to embrace the matters in proof.</p> <p>Custom and Usage — Evidence—To Prove Contract — Admissibility. Where a broker’s commission was agreed upon, but there was a dispute as to whether the contract provided for payment of the commission on sales made by others in the agent’s territory, evidence of the general custom as to commissions usually paid is inadmissible.</p> <p>Appeal — Preservation of Geounds — Exceptions. Error cannot be assigned on the judge’s comment on the evidence, where the remarks were addressed to counsel during the trial and no exceptions were taken.</p>