Welever v. Advance Shingle Co.

Citations

• 34 Wash. 331
• 75 P. 863
• 1904 Wash. LEXIS 354

Syllabus

<p>Evidence — Varying Writing by Parol — Contemporaneous Oral Agreement — Oral Sale op Timber. Where a written bill of sale of a shingle mill makes no mention of standing timber, evidence of an oral sale of such timber made at the same time as the purchase of the mill does not contradict or vary the terms of the writing and is admissible, since the sale of the timber is not embraced in the writing.</p> <p>Sales — Op Standing Timber by Parol — License to Cut. The parol sale of standing timber, when acted upon, amounts to a license to cut and remove the timber, which thereupon becomes the property of the licensee.</p> <p>New Trial — Insufficiency of the Evidence — Discretion of Lower Court. Insufficiency of the evidence to sustain the verdict is ground for a new trial although there was some evidence to sustain the verdict, and the granting of a new trial upon conflcting evidence will not be disturbed except for abuse of discretion.</p>