Weber v. Snohomish Shingle Co.

Citations

• 37 Wash. 576
• 79 P. 1126
• 1905 Wash. LEXIS 771

Syllabus

<p>Appeal and Error — Review—Verdict! 6n Conflicting Evidence. Where an issue as to tbe terms of a contract virtually becomes one of veracity between witnesses, and upon which reasonablei men might differ, the conflict in the evidence being substantial, the verdict of a jury will not be disturbed on appeal.</p> <p>Appeal and Errop. — Exceptions to Instructions — When to be Taken. Exceptions to instructions must be taken before the jury returns the verdict, and a stipulation that they might be taken at any time before the filing of a proposed statement of facts is unavailing to secure the review of exceptions taken long after judgment and without ever being called to the attention of the trial court.</p> <p>Contracts — Breach—Damages—Evidence—Failure of Proof. In an action for damages for the breach of a contract whereby plaintiff was to deliver the timber upon a certain tract of land, there is a total failure of proof where the evidence was meager and uncertain, and insufficient to show the amount of timber left on the land, its value, or the cost of cutting it.</p>