Sudden & Christenson v. Morse

Citations

• 55 Wash. 372
• 104 P. 645
• 1909 Wash. LEXIS 764

Syllabus

<p>Trial — Instructions as a Whole. Error cannot be assigned upon the giving of instructions which as a whole fairly presented the case to the jury.</p> <p>Same — Requests. It is not error to refuse requested instructions which were covered in the general charge.</p> <p>Trial — Verdict—Special Interrogatories — Discretion. The refusal to submit special interrogatories to the jury is discretionary and will not be reviewed except for manifest abuse of discretion.</p> <p>Trial — Verdict—Special Findings — Consistency. Where, in an action on contract, the defense relied upon the plaintiff’s failure to secure a certain option, and there was a dispute between the parties as to whether the agreement for obtaining the option was entered into at San Francisco or was arranged between the parties by letter and completed subsequently, the finding of the jury, in an answer to an interrogatory, that the plaintiff did not obtain an option “in accordance with the agreement made in San Francisco,” is not inconsistent with a general verdict for the plaintiff, but implies that the option was obtained subsequently; since special findings susceptible of a construction conforming to the verdict will be so construed.</p>