Seal v. Long

Citations

• 112 Wash. 370
• 192 P. 896
• 1920 Wash. LEXIS 750

Syllabus

<p>Account, Action on (3)—Novation (7)—Evidence—Admissibil-ity. In an action on an account in which defendants claimed a novation agreement whereby purchasers of their sawmill assumed the account and they were thereby released, evidence as to delivery of. the merchandise comprising the account and whether items of credit thereon were for lumber delivered by the purchaser of the mill was admissible on the question of whether there had been a novation.</p> <p>Appeal (401)—Review—Discretion—Order of Proof. Permitting improper cross-examination of a witness by defendants which in effect made him their own witness was but allowing the introduction of evidence out of its natural order and within the discretion of the trial judge, to be reviewed only for abuse of discretion.</p> <p>Frauds, Statute of (7-1)—'Agreements Not to be Performed Within One Tear—Novation. An agreement of novation is not void under the statute of frauds for the reason that the plaintiffs agreed at that time to allow the purchaser of a mill to satisfy the assumed account by payments extending over a period of one year, where the agreement of novation was complete and separable and a consideration for the transfer of the property at the time it was made, and unaffected by the agreement as to the time of payment ot the assumed account, which was wholly between the plaintiffs and the purchasers of the mill.</p> <p>Novation (7)—Evidence—Admissibility. In an action on an account in which defendants claimed a novation agreement whereby purchasers of their mill assumed the account and they were released, the written bill of sale given by defendants to the purchasers is the best evidence of the transfer of the property and was admissible for that purpose, and not objectionable as failing to show release of the original debtors, or to sustain the defense of novation, or as not conforming to the novation agreement as alleged in defendants’ answer.</p> <p>Appeal (413)—Review—Verdict. Findings of the jury on con