Umpqua Valley Fruit Union v. North Pacific Fruit Distributors

Citations

• 108 Wash. 265
• 183 P. 101
• 1919 Wash. LEXIS 853

Syllabus

<p>Appeal (389)—Pleading (189, 211)—-Variance—Prejudicial Effect. In an action for the value of fruit shipped by defendant, a variance between an allegation that plaintiff turned over exclusive control of the fruit to defendant and proof that the plaintiff retained control and power of disposition, is not fatal, where defendant was apprised thereof at the beginning of the trial and did not claim surprise or ask a continuance.</p> <p>Corporations (17)—-Evidence of Existence. The existence of a corporation may he shown by parol evidence.</p> <p>Appeal (449)—Harmless Error—Exclusion of Evidence. The exclusion of oral evidence as to the existence of a corporation, while erroneous, is not prejudicial where it was wholly immaterial.</p>