Shannon v. Prall

Citations

• 115 Wash. 106
• 196 P. 635
• 1921 Wash. LEXIS 701

Syllabus

<p>Husband and Wife (29)—Wife’s Separate Property—Liability— Contracts Jointly With Husband. A release signed by a wife individually and also in the capacity of agent for her husband is effective as a contract binding her separate estate and that of the community.</p> <p>Evidence (153)-—Parol Evidence to Vary Writing—Receipts. A receipt signed alone by a wife individually cannot be contradicted by parol evidence that she did not intend to bind her separate estate.</p> <p>Release (5)—Operation and Effect—General Terms. A release in general terms covers obligations not mentioned therein, though they may not have been in the minds of the parties at the time of signing.</p> <p>Evidence (160)—Parol Evidence—Nature and Extent of Liability. Where a contract embodies a receipt for money and also an additional paragraph waiving “all demands of every kind and nature” in consideration of the surrender of two certain promissory notes, the writing is of a contractual nature, not subject to variation by parol evidence.</p> <p>Evidence (171)—Parol Evidence—Construction—Grounds for Admission—Surrounding Circumstances. The rule which permits the surrounding facts and circumstances to be shown for the purpose of arriving at the correct meaning of the language used in a writing does not permit oral evidence for the purpose of altering the effect of the language.</p> <p>Appeal (437)—Review—Harmless Error—Pleadings. Error in ruling upon inconsistent defenses was harmless where the evidence was fully taken upon the issues presented and there was a trial de novo on appeal.</p>