Ryan v. Dowell

Citations

• 86 Wash. 76
• 149 P. 343
• 1915 Wash. LEXIS 1182

Syllabus

<p>Evidence — Other Transactions — Fraud—General Scheme. In an action to recover for fraud practiced upon a street contractor in selling sand and gravel, through the manipulation of a duplicating pad of delivery slips and receipts, whereby two receipts were obtained for a single delivery, resulting in overpayments, it is admissible to prove that the defendant had defrauded another street contractor in the same way at about the same time; since it reasonably authorizes the inference that each of the frauds was in pursuance of a general scheme and proceeded from the same motive.</p> <p>Witnesses — Cross-Examination—Rebuttal. Where, in an action for fraud in duplicating delivery slips for gravel sold, resulting in overpayments, a witness for defendant had endeavored to make it appear that a discount had been given to avoid trouble rather than because duplicates had been discovered, it was competent, on cross* examination, to show that the discount was equal to the entire profit on the contract.</p> <p>Evidence — Documentary Evidence — Duplicates—Comparisons — Fraud. In an action for fraud in manipulating a delivery pad so as to produce duplicate receipts for a single delivery, resulting in over-payments, the slips delivered to plaintiff are admissible for the purpose of comparison by the jury.</p> <p>Account Stated — What Constitutes — Settlements — Fraud — Overpayments. In an action for fraud in manipulating a delivery pad so as'to produce duplicate receipts for a single delivery, resulting in overpayments, the fact that the bookkeepers of the respective parties met monthly and checked over the slips showing the amounts delivered and agreed upon the quantities, does not make the agreements an account stated, or preclude the plaintiff from showing the truth of his allegations that, by reason of the fraud in relation to the slips, he was misled as to the amounts delivered.</p>