Wees v. Page

Citations

• 47 Wash. 213
• 91 P. 766
• 1907 Wash. LEXIS 742

Syllabus

<p>Appeal — Review — Questions Considered — Waiver oe Error. Where defendant introduces evidence after denial of a motion for nonsuit, and makes motion for judgment on appeal, the supreme court will only consider the motion for judgment.</p> <p>Estoppel—Inconsistent Position in Other Action—Principal and Agent—Existence of Relation. Where, in an action to foreclose a mortgage, prosecuted by P. as agent for the plaintiff, P. testified and established that certain wheat, delivered to P. by defendant and pleaded by defendant as a payment, was not received by P. as agent for the mortgagee, and the court entered judgment without allowing any credit for the wheat, in an action against P. for conversion of the wheat, P. is estopped from claiming that he received the wheat as agent of the mortgagee and that the same was credited on the note in the foreclosure suit.</p> <p>Principal and Agent—Authority—Power of Attorney. A power of attorney authorizing an agent to collect monies, does not empower him to receive wheat as a payment on the principal’s note.</p> <p>Pleading—Variance—Issues and Prooe. An indefinite memorandum of a settlement between parties, making no reference to a wheat transaction in controversy, is inadmissible to show a settlement when none was pleaded.</p> <p>Appeal—Review'—Evidence—Harmless Error. The rejection of an immaterial exhibit is harmless error where it in no way corroborated the witness and practically the same evidence, offered by the adverse party, was excluded on objection by the appellant.</p>