Randall v. Gerrick

Citations

• 93 Wash. 522
• 161 P. 357
• 1916 Wash. LEXIS 1231

Syllabus

<p>Release and Discharge — Partial Release — Discharge of Party Not Liable — Effect. While a satisfaction of a wrong by one not in fact liable operates as a release of the actual wrongdoer, a party may, for a consideration, release one not liable without releasing the wrongdoer, if the consideration was not in fact accepted as a satisfaction for the injury; there being a distinction between a release and a satisfaction.</p> <p>Sake — Partial Satisfaction — Intention. Where an action for personal injuries was brought by an employee against a railroad company and an independent contractor for whom plaintiff was working, and upon voluntarily paying a small sum to avoid costs, the railroad company was dismissed because it was found that it was not liable as a joint tort feasor, the payment from the company does not release the independent contractor, as it was not intended as even a partial satisfaction of the damages.</p> <p>Partnership — Relation—Evidence — Question for Jury. In an action against the firm of G. & G. for personal injuries, the relation of defendant J. as a partner is a question for the jury, although defendants denied that he was a member of the firm, where there was evidence that he hired the plaintiff, looked after part of the work, at one time paid the plaintiff for work and stated that he was interested in the firm, and when, in the course of a year, the firm organized as a corporation, he became the president of the corporation.</p>