Shaw v. Lobe

Citations

• 58 Wash. 219
• 108 P. 450
• 1910 Wash. LEXIS 922

Syllabus

<p>Account Stated—Assent—Evidence—Sufficiency. The evidence is insufficient to show an account stated between partners, where it appears that, on dissolution of the firm, the partner who kept the books made out a statement showing a certain balance due in his favor, that the same was delivered to the other partner, and found among his effects upon his death, and that he had the same checked over by the new bookkeeper and disputed certain items; since no assent or definite acknowledgment of the debt was shown.</p> <p>Witnesses—Competency—Transactions with Deceased. In an action against an estate by a former partner of the deceased, plaintiff is disqualified from testifying as to any transactions had with the deceased.</p> <p>Partnership—Accounting—Evidence—Sufficiency. The books of a partnership are insufficient to show a balance due one partner, where unexplained they are so far incomplete as to fail to show the terms of the partnership or its status at the time of the dissolution, and there is no competent evidence to explain them.</p> <p>Appeal—Review—Evidence—Harmless Error. It is harmless error to refuse to admit evidence where, regardless of the evidence offered, there was not sufficient testimony to support a finding for the appellant.</p>