Russell v. Gay

Citations

• 33 Wash. 83
• 73 P. 795
• 1903 Wash. LEXIS 491

Syllabus

<p>Ejectment—Affirmative Defense—Sufficiency of Evidence. In an action of ejectment where defendants set up as an affirmative defense that they were in possession under a contract to purchase from the plaintiff, the plaintiff makes out a prima facie case by showing that the defendants were originally in possession under a contract to purchase from a third party, borrowed money to make improvements, and were in default, and assigned their contract to the plaintiff, who purchased the property from the third party to protect the advances made, and that defendants failed to consummate an agreement to repurchase the property from plaintiff; and defendants failing to establish their affirmative defense by a preponderance of the testimony, findings for the plaintiff will be sustained.</p> <p>Trial—Order of Proof—Appeal—Harmless Error. The refusal of the court to permit a witness to answer certain questions is not reversible error in a cause tried without a Jury, where the witness was afterwards permitted to fully answer the same.</p>