Steenstrup v. Toledo Foundry & Machine Co.

Citations

• 66 Wash. 101
• 119 P. 16
• 1911 Wash. LEXIS 1020

Syllabus

<p>Continuance — Absence of Counsel — Discretion. It is not an abuse of discretion to refuse to grant a continuance upon tbe ground of tbe absence of nonresident counsel for tbe defendant, who was familiar witb the facts and expected to try tbe case, but was sick at bis home in another state and could not be present at tbe trial, resident counsel claiming that be was not in a position to intelligently conduct tbe defense; such a continuance being a matter of grace.</p> <p>Continuance — Grounds—Failure to Answer Interrogatories. A continuance need not be granted for failure of tbe plaintiff to answer interrogatories, where they were not served until six months after tbe commencement of tbe action, and at a time when tbe case bad been or was about to be set for trial, and a motion to strike tbe interrogatories was pending, witb no effort made to dispose of tbe motion.</p> <p>Appearance — Eeeect—Process—Waiver of Summons. An answer on tbe merits by a foreign corporation, witb a cross-complaint seeking a money judgment, is a general appearance that waives any error in denying defendant’s motion to quash service of a summons.</p> <p>Evidence — Written Contract — Admissibility of Parol Evidence —Construction by Parties — Contemporaneous Agreement. A written contract for tbe sale of a steam shovel f. o. b. at Toledo, Ohio, to be set up, demonstrated, and guaranteed, at Seattle, Washington, which provided that tbe buyer was to pay all expenses of unloading, installing and operating tbe shovel for demonstration, except tbe expenses of an engineer, and that if tbe shovel was not up to guarantee, tbe seller would refund whatever payment it bad received, is not clear and certain as to which party was to pay tbe cost of freight if tbe shovel was not as guaranteed; and accordingly it is admissible to show that, before tbe parties signed tbe contract, tbe seller wrote a letter to its agents, which was shown to the buyer, representing that tbe freight charges would be refunded in c