Wallerich v. Puget Sound Warehouse Co.

Citations

• 38 Wash. 501
• 80 P. 763
• 1905 Wash. LEXIS 1198

Syllabus

<p>New Trial—Verdict—Technical Disobedience op Instructions—Intent op Jury Clear—Replevin—Issue as to. Sale op Wheat. In an action of replevin for wheat or its value, claimed by the defendant to have been sold to it, in which the defendant tendered the agreed price, the only issue being whether the wheat was sold or merely stored, and in which the court instructed the jury that they must find a verdict for the plaintiff, for the value if •there was no sale, and for the price if there was a sale, it is not ground for a new trial that the jury returned a general verdict for the defendant, with special findings showing the tender by the defendant; since the verdict is only a technical disobedience of the instructions, and it is clear that the jury found that the wheat was sold; and the court should have entered judgment for the plaintiff for the price, and for the defendant for costs.</p>