Swadling v. Barneson

Citations

• 21 Wash. 699
• 59 P. 506
• 1899 Wash. LEXIS 352

Syllabus

<p>NON-SUIT-WHEN GRANTABLE.</p> <p>Where there is any evidence tending to support plaintiff’s case, the defendant is not entitled to a non-suit.</p> <p>APPEAL-SUFFICIENCY OF EVIDENCE.</p> <p>Where the evidence is conflicting, the supreme court will not on appeal invade the province of the jury and weigh the testimony.</p> <p>SAME — ADMISSION OF TESTIMONY-SECONDARY EVIDENCE-HARMLESS ERROR.</p> <p>Where no issue was made between parties as to the contents of a contract between defendant and third parties, upon which plaintiff based his right to commissions from defendant, and both plaintiff and defendant testified to the substance of the contract, and defendant’s objection that plaintiff’s testimony concerning the contract was not the best evidence not having been specially urged upon the court, and the matter having apparently been treated by court and counsel as immaterial, the error, if any, in admitting oral testimony as to the contents of the written contract, must be held as harmless.</p> <p>EVIDENCE — RELEVAN CY-CUSTOMS.</p> <p>Where, in an action to recover commissions, the plaintiff bases his right of action and the defendant his defense upon an express contract, as each alleges in his pleadings, evidence of the custom prevailing among commission men in that locality for similar commissions is irrelevant.</p> <p>JURY — RIGHT TO TAKE PAPERS TO JURY ROOM.</p> <p>Where an original complaint has been superseded by an amended one and is not in issue in the case, it is not error to allow the jury to take it with them to the jury room.</p>