17 Wash. 415 | Wash. | 1897
The opinion of the court was delivered by
Appellant commenced an action in the superior court of King county to recover the sum of $691, claimed as a balance due from respondent. Respondent answered admitting the indebtedness alleged by appellant, but averred an accounting between appellant and respondent, and also set up as a counterclaim a breach of contract between appellant and respondent, and claimed damages in the sum of $1,000.
The appellant is a wholesale manufacturer and dealer in cigars and tobacco at Dayton, Ohio, and respondent was a broker and dealer in cigars in Seattle. There was testimony at the trial tending to prove that there were two contracts between appellant and respondent, the first made in the summer of 1894 and the second March 23d, 1.896, and that both these contracts were made by respondent with E, B.
We bave examined tbe instructions of tbe court to tbe jury and, without reviewing at length tbe exceptions made by appellant, we find no error in them. We think tbe case was fairly submitted to tbe jury, and its verdict is sustained by substantial testimony.
Tbe judgment is affirmed.
Scott, O. J., and Anders, Gordon and Dunbar, JJ., concur.