Von Tobel v. Stetson & Post Mill Co.

Citations

• 32 Wash. 683
• 73 P. 788
• 1903 Wash. LEXIS 476

Syllabus

<p>BROKERS ■ — ■ ACTION FOR COMMISSIONS-QUANTUM MERUIT.</p> <p>A complaint alleging that defendant placed a piece of real estate in plaintiffs hands for sale at a fixed price, agreeing to pay a fixed sum as commission; that by agreement a partial reduction was made in the price; that defendant ascertained who the customer was and itself effected a sale of the property; that defendant refused to pay a reasonable or any commission on account of such sale, though the same was worth $2,000 and demand had been made therefor, sufficiently states a cause of action on quantum meruit.</p> <p>DEPOSITIONS-CON CLUSIVENESS AGAINST PARTY TAKING.</p> <p>A party taking a deposition is not bound by statements made against his interest.</p> <p>SAME-WHEN OFFERED BY ADVERSARY-EFFECT.</p> <p>A party who offers in evidence a deposition taken by his adversary makes it his own, and hence the one who took the deposition would not be estopped by its statements against his interest.</p> <p>SAME-LEADING QUESTIONS.</p> <p>When a party offers a deposition taken by his adversary he adopts it as his own, and cannot object to certain of the interrogatories on the ground that they are leading.</p> <p>TRIAL-ADMISSION OF EVIDENCE-EXCLUSION OF CBOSS EXAMINA-</p> <p>TION IN DEPOSITION.</p> <p>The refusal of the court to admit in evidence the cross-examination contained in a deposition until the direct examination had been first offered and read was not error, where the cross-examination was unintelligible without the direct examination to explain it.</p> <p>ACTION ON ASSIGNED CLAIM — REAL PARTY IN INTEREST.</p> <p>An assignee in writing of a chose in action who holds the claim by a mere naked legal title has such an interest under Bal. Code, § 4835, as would entitle him to maintain action thereon in his own name.</p> <p>JUDGMENT-BES JUDICATA.</p> <p>A judgment in a former action between the same parties for the same cause of action is not res judicata when it was merely a judgment of dismissal based on