Stocking v. Boyer

Citations

• 70 Wash. 615
• 127 P. 194
• 1912 Wash. LEXIS 1092

Syllabus

<p>Appeal — Review—Findings. Findings upon conflicting evidence, by a trial judge wbo saw and heard the witnesses, will not be disturbed on appeal.</p> <p>Pleading — Amendment to Conform to Proof — Variance—Materiality. In an action for trespass by the cutting of timber in which the answer pleaded payment for the timber under a written contract, it is not error to treat the answer as amended to conform to proof of payment under an oral contract, where evidence thereof was admitted without objection other than to its admission as varying the terms of the writing pleaded, and appellant had full opportunity to and did offer considerable evidence to meet it.</p>