State ex rel. Upper v. Hanna

Citations

• 87 Wash. 29

Syllabus

<p>Trial — Verdict — Special Interrogatories—Consistency—Construction. Where, upon an issue as to whether H., one of the county commissioners, was the owner of or interested, in an automobile, sold by one U. to the county, the jury, upon special interrogatories, answered (1st) that the commissioners purchased or ratified the purchase of the automobile from U. on a specified date, and (2d) that H. was not the owner thereof at the time, a further answer of “Yes” to the third interrogatory whereby they found that H. was “beneficially interested or concerned directly or indirectly” in any contract wherein the county purchased the automobile through or under the supervision of the board, will not he taken as impinging upon the others, as the jury might have understood that H. was indirectly concerned as county commissioner, and the same will be ignored as uncertain and inconclusive.</p> <p>Counties—Contracts—Validity — Interest oe County Commissioner—Fraud—Evidence—Sufficiency. Evidence supports findings that H., as county commissioner, was not fraudulently and collusively interested in the sale of an automobile to the county, where it appears that, three months previously, he had sold the automobile to one U. for $2,000, taking an unsecured note therefor on which $100 was paid, that the negotiations for the sale were carried on between the county physician and U. and an ambulance body was substituted, the changes costing $700, and that, upon inspection, it was approved by two of the commissioners; and it cannot be said that the price of $3,000 to the county was excessive or fraudulent.</p> <p>Mandamus—To Officers — Fraud — Burden of Proof. In mandamus to restrain payment of a warrant upon the ground of fraud, the burden of proving fraud is upon the plaintiff, and circumstances relied upon must be such as to reasonably consist only with intent to defraud, and inconsistent with an honest intent.</p> <p>Jury—Jury Trial—Equity. Where the parties in an equity case stipulated