Wallace v. Babcock

Citations

• 93 Wash. 392
• 160 P. 1041
• 1916 Wash. LEXIS 1204

Syllabus

<p>Evidence — Parol to Vary Writing — Waiver of Legal Tender. A waiver of legal tender of the contract price to be paid for wheat affects only the mode of payment and hence is not inadmissible as varying the terms of the written contract.</p> <p>Tender — Waiver — Evidence — Sufficiency. A waiver of legal tender of the contract price for wheat is sufficiently shown by failure to reply to a letter that the buyer would pay by his check, taken in connection with other circumstances.</p> <p>Appeal — Harmless Error — Trial—Misconduct of Counsel. Error cannot be predicated upon an improper remark of counsel in argument, where on objection the jury was admonished that it was improper and to disregard it.</p>