14 Wash. 206 | Wash. | 1896
The opinion of the court was delivered by
The complaint in this action alleges that on the 1st day of July, 1890, the appellant (plaintiff below) was the owner of about 800 head of horses then on what is known as the Crab Creek Eange in the counties of Adams and Douglas, that on that day he entered into a contract with the respondents wherein and whereby he agreed to sell and deliver said horses to them at the rate of $30 per head, the delivery of the horses to he made at the fall round-up of that year. Four thousand dollars of the purchase price was to be paid at the time of making the contract and the balance in one, two, three, four and five years. The first payment was made by promissory note in the sum of $4,000, dated July 1, 1890, payable one year thereafter. The complaint also alleges that on or about the 1st of September, 1890, the fall round-up being about to take place, appellant notified the respondents that he was ready to deliver the horses and requested them to attend at the range for the purpose of receiving them as counted, and that at that time - he was ready to deliver the same a$d' proceed with the contract, but that the respondents neglected and refused to receive or accept the horses, or proceed any further with the contract, that at the time of the occurrence of the breach, the band of horses were not worth to exceed $10,000 in value. The respondents answered, denying the several allegations of the complaint, and alleging affirmatively that they were induced to enter into an agreement whereby the appellant agreed to deliver 800 horses of a certain kind and description to respondents on the 1st
The sole ground relied upon for a reversal is that the court erred in its charge to the jury and in refusing to give particular instructions requested by the appellant. The respondents, while not conceding that any error was committed by the trial court either in giving the instructions complained of or. in refusing to give others as requested by appellant, insist that the verdict is right under the evidence and that the appellant failed to show any offer or readiness to deliver the horses in pursuance of the agreement, and further, that it affirmatively appeared from the testimony that he was not in possession of the horses either at the time of the contract or at the time provided therein for a delivery of the horses, nor until nearly a year thereafter.
“It is the practice of most of the courts, before passing upon exceptions to instructions, to look into the evidence and see if the verdict was right, and, if it is found to be so, the court will look no further.” Sec. 2402, Thompson on Trials, and authorities there cited.
“A certain band of horses supposed to contain about 800 head . . . now on the Crab Creek Eange, etc., are part of the same band and its increase bought by the first and second parties [Glasspoole being party of the first part and appellant party of the second part to said contract] and John Davis from J. L. Dow, etc.”
In said contract said Glasspoole agreed to sell his interest in and to said property to the appellant in consideration of the appellant delivering to Glass-
It is a familiar rule that a good verdict cures all errors and irregularities in the proceedings, and that errors growing out of á charge are always to be disre
It appearing to us from a consideration of the entire record that substantial justice has been done, the judgment appealed from will be affirmed.