54 Wash. 38 | Wash. | 1909
In November, 1907, an agreement was entered into between the parties to this action, by which the plaintiff and respondent was to peel poles and piling for the defendant and appellant. It was agreed that appellant should furnish one hundred thousand or more lineal feet of poles or piling, and pay respondent at the rate of one cent per lineal foot for such work during the whole of the year 1908. It was
The following instruction was given to the jury by the court, touching the building of the house by respondent and his right to recover therefor:
“Now, the item there of his expenditures in the performance of his contract referred to, the building of the house and the building of the float. ... If the agreement was he was to build the house or furnish the labor for the house or whatever he was to furnish and he did it and was to get rent free and is getting free rent, then it is not an element of damages you are to consider, but if he put labor in the house and is deprived of the rent, he is entitled to the value of his labor in the building to make him whole.”
This instruction was excepted to, upon the ground that there was no evidence before the jury of any damage on account of the building of the house. There was evidence of respondent’s expense in building the house, but it appears by the testimony of the respondent upon cross-examination, brought out over his counsel’s objection, that up to the time of the trial he was still living in the house and that no rent
We are of the opinion that the record shows no prejudicial error against the appellant. The judgment of the superior court is affirmed.