Seattle Taxicab & Transfer Co. v. Kinney

Citations

• 74 Wash. 179
• 132 P. 1013
• 1913 Wash. LEXIS 2017

Syllabus

<p>Frauds, Statute of — Oral Contract of Employment — Waiver— Failure to Plead or Object to Evidence. The objection that an oral contract for employment for five years is void under the statute of frauds is waived by failing to raise it in the lower court either by pleading it as a defense or by objecting to the admission of parol evidence, or by assignment of error thereon in the superior court.</p> <p>. Evidence — Parol Evidence to Vary Writins. Where a memorandum of a sale of corporate stock recited the consideration for only one-half of the stock, sold by one party, and was clearly intended to cover only part of the transaction touching the sale by such half owner, and was incomplete oil its face, oral evidence as to the consideration for the balance of the stock purchased from another party is not inadmissible as tending to vary the terms of the writing.</p> <p>Appeal — Review—Findings. Findings upon conflicting testimony will not be disturbed when supported by the preponderance of the evidence.</p>