Vernon v. Antill

Citations

• 113 Wash. 673
• 194 P. 806
• 1921 Wash. LEXIS 573

Syllabus

<p>Brokers (13) —Performance of Contract of Employment. Money paid to a broker may be recovered back where, under a written contract, he agrees to procure within three days, a three-year lease for a specified rental, with an option of two additional years, or the return of the sum paid, and the instrument which he procured was for three years only with no provision for the additional years, notwithstanding evidence that the lessors were willing to give the two-year extension but not to embody such provision in the written lease.</p> <p>Appeal (438) — Review—Harmless Error — Demurrer. Defendant cannot assign error in overruling a demurrer to a second cause of action where at the trial no recovery was allowed thereon.</p>