Seattle Automobile Co. v. Stimson

Citations

• 66 Wash. 548
• 120 P. 73
• 1912 Wash. LEXIS 803

Syllabus

<p>Appeal — Preservation oe Grounds — Exceptions. One general exception to separate findings given some of which are correct, and to requests for separate findings refused, is insufficient to secure a review of the evidence; and the statement of facts will be considered only as to the rulings of the court on the admission and exclusion of the evidence.</p> <p>Witnesses — Examination—Leading Questions. It is discretionary to permit leading questions.</p> <p>Evidence — Letters—Copies. Copies of letters are inadmissible where there was no attempt to procure the production of the originals.</p> <p>Appeal — Review—Harmless Error. It is harmless to exclude the answer to a question which would not have changed the result.</p> <p>Payment — Conditions—Contracts—Construction. In an action to recover a balance due on account, there is sufficient evidence of payment in full, where it appears that the plaintiff traded to the defendant land for an automobile owned by him, in consideration of which it was agreed that the balance due on the account should not be paid “until and unless” the land was sold for at least $2,000, and if the land was not sold for said sum, that the exchange should be in full satisfaction of the claim; and there can be no recovery where the court finds that due diligence was used to sell the -land but it could not be sold for $2,000 or any other sum; since the payment was conditioned wholly and finally upon the sale of the land.</p>