Warwick v. Hitchings

Citations

• 50 Wash. 140
• 96 P. 960
• 1908 Wash. LEXIS 684

Syllabus

<p>Vendor and Purchaser — Contract — Consideration — Evidence. In an action for the purchase price of land sold and conveyed, upon an issue as to whether the contract price was $1,100 or $100, evidence of its market value at the time of the sale is admissible, as bearing on the probabilities.</p> <p>Same. In an action for the purchase price of land sold and conveyed, upon an issue as to whether the price was $1,100 or $100, evidence is admissible that the citizens of the place had, at the time of the sale, subscribed $1,000 to aid in the purchase of the property or in the construction of a sawmill thereon by the defendants, as supporting plaintiff’s claim if the same was for the purchase of the land, or as a circumstance in favor of defendants if the subscription was in their aid.</p> <p>Appeal — Review—Harmless Error — Evidence. In an action for the price of land sold for a mill-site, the admission of evidence as to the kind of mill to be erected by defendants is harmless error, where the same question was gone into on cross-examination of one of the defendants without objection.</p> <p>Evidence — Hearsay. Evidence of a statement of one not a party,, who had aided in securing a subscription, as to the purposes of the subscription, is inadmissible as hearsay, when not offered for the purpose of impeachment.</p> <p>Vendor and Purchaser — -Action for Price — Pleading—Matters to be Proved — Partnership. In an action against two defendants for the purchase price of land sold and conveyed, the allegation that they were copartners is immaterial,, as their liability as joint purchasers would be the same as that of partners.</p> <p>Evidence — Contract—Parol Evidence — Consideration for Deed. Where, in an action for the purchase price of land sold and conveyed, it appeared that the plaintiffs had executed an option on April 11, agreeing to convey the property for $1,100, and on April 20 they agreed to convey the property for $100, the deed not to be delivered until a mill ha