Reiner v. Crawford

Citations

• 23 Wash. 669
• 63 P. 516
• 1901 Wash. LEXIS 468

Syllabus

<p>EVIDENCE-VARIATION OF WRITTEN CONTRACT BY PAROL-WHEN ADMISSIBLE.</p> <p>Although parol evidence is inadmissible to vary or contradict the terms of a written instrument, it is admissible for the purpose of showing that such written instrument never became operative as a contract, because of a separate oral agreement constituting a condition precedent to the attaching of any obligation thereunder.</p> <p>APPEAL-ERRONEOUS INSTRUCTIONS-EXCEPTIONS.</p> <p>Error of the court in giving an instruction cannot be urged on appeal unless exception was taken thereto.</p> <p>SAME-REQUESTED INSTRUCTIONS — WAIVER OF ERROR.</p> <p>Where an erroneous charge is given to the jury as requested by appellant, he cannot urge the error as prejudicial.</p> <p>PREPONDERANCE OF EVIDENCE-QUESTION FOR JURY.</p> <p>The verdict of the jury will not be disturbed on appeal, if there is substantial evidence supporting it, since it is a question for the jury to determine on which side the evidence preponderates.</p>