Seattle Brewing & Malting Co. v. Jensen

Citations

• 36 Wash. 462
• 78 P. 1007
• 1904 Wash. LEXIS 576

Syllabus

<p>Receivers — Injunction — Agreement to Sell Exclusively Certain Beer — Evidence of Surrender of Agreement — Sufficiency — Findings not Supported by Preponderance of Evidence— Affidavits. Where plaintiff, a brewing company, signed a lease of premises to be used for a' restaurant and saloon, as surety for payment of the rent, in consideration of which the defendants, who were the actual tenants, agreed to use and sell exclusively the plaintiff’s beer in the conduct of said business, in an action for a receiver brought by the plaintiff alleging it to be a half owner of the leased premises, and seeking an injunction against the sale by defendants of any beer other than plaintiff’s beer, findings in favor of the plaintiff are not sustained, and there is no necessity for a receiver or an injunction, where it appears that the plaintiff had no interest in the lease, but signed as surety only, that money loaned by plaintiff to the defendants to fit up the place had been repaid, that the plaintiff was actuated by a vindictive spirit in bringing the suit, that defendants offered access to their books to show the amount of their sales of beer and offered security against damage thereby, and where it appears by a preponderance of the evidence (which was wholly by affidavits) that the plaintiff had surrendered its so-called beer contract in consideration of being released from liability as surety for the rent.</p>