Wheeler v. F. A. Buck & Co.

Citations

• 23 Wash. 679
• 63 P. 566
• 1901 Wash. LEXIS 470

Syllabus

<p>WITNESSES-IMPEACHMENT-RIGHT TO EXPLAIN INCONSISTENT STATEMENTS.</p> <p>Where it is sought to impeach a witness by introducing in evidence a writing signed by him at another time, containing statements inconsistent with those made by him upon the witness stand, it is error for the court to so restrict the examination of the witness as to prevent his explaining at length and fully why he signed the writing and what he intended to accomplish by so doing, notwithstanding the fact that other witnesses have testified fully as to the circumstances of the signing.</p> <p>SALES — BROKERS-COMMISSIONS-EVIDENCE.</p> <p>In an action by plaintiff to recover a commission for procuring a sale of goods by defendant to a certain purchaser, in which the purchaser has testified that the sale to himself was not procured through plaintiff, as the latter had testified, it was error for the court to refuse to permit the purchaser to testify what it was that took him to defendant to buy goods, since such examination was admissible to show the circumstances that caused the purchaser to go to defendant to buy goods, in order to show the improbability of the sale’s having been made through plaintiff’s solicitation.</p> <p>SAME-REASONABLE COMMISSIONS-EVIDENCE OP PROPITS.</p> <p>In an action in which it is in issue as to whether a certain rate of commission had been contracted for on sales made by plaintiff for defendant, or whether plaintiff was entitled only to a reasonable commission, evidence on the part of defendant is admissible for the purpose of showing the profits on the sales as a basis upon which the reasonableness of the commissions due might be computed.</p> <p>SAME-INSTRUCTIONS-RELEVANCY TO ISSUES.</p> <p>In an action to recover upon an alleged contract for an agreed rate of commission on sales of goods made for defendant, where the contract was denied by defendant but the plaintiff was admitted to be entitled to a reasonable commission upon a portion of the sales, the defendant