Schroeder v. Hotel Commercial Co.

Citations

• 84 Wash. 685
• 147 P. 417
• 1915 Wash. LEXIS 1248

Syllabus

<p>Evidence — Demonstrative Evidence — Admissibility—Discretion of Court. In an action for installments due on the price of an electric piano, in which there was a counterclaim seeking rescission of the contract on the ground of false and fraudulent representations in its procurement, it was not error to permit the presence of the piano, nor of a new piano action, in the court room for the purpose of illustrating expert evidence as to its condition, showing wear to pedals, keys, hammers, and internal mechanism, where there was testimony showing the character and extent of the use of the instrument between the date of purchase and time of trial.</p> <p>Evidence — Parol Evidence — Fraud. In an action to recover the price of an instrument sold under a written contract, to which a counterclaim setting up fraud in the procurement of the contract had been interposed, parol evidence is admissible for the purpose of showing the fraudulent inducement, and it is not open to the objection that it is evidence of verbal representations tending to vary the terms of a written instrument.</p> <p>Appeal and Error — Questions Reviewable — Instructions. Error cannot be assigned upon instructions to a jury, where the action was of equitable cognizance and the court took the verdict as merely advisory and made complete findings on which it based its decree.</p> <p>Appeal and Error — Findings—Conclusiveness. The findings of the trial court will not be set aside on trial de novo in the supreme court, when they are sustained by a decided preponderance of the evidence.</p> <p>Sales — Contracts — Rescission by Buyer — Acts Constituting. A finding that defendant rescinded a contract for the purchase of an electric piano is sustained by the evidence, although there was no formal rescission by a return of the instrument, when it appears that this was due to promises of plaintiffs to put the instrument in good condition, and also to subsequent negotiations looking to an exchange for another inst