74 Wash. 636 | Wash. | 1913
— This action was brought by the plaintiff against the defendants, D. H. Lee and G. W. Lee and Anna Lee, his'wife, to recover the sum of $214, of which sum $111 was advanced to the defendant D. H. Lee, and of which $100 was claimed as.expenses for a loan which the plaintiff agreed to make to the defendants. The cause was tried to the court without a jury, and resulted in a judgment in favor of the plaintiff and against the’defendant D.'H. Lee in the sum of $179. The action as to the defendants G. W. Lee and Anna Lee, his wife, was dismissed.' ' The defendant D. H. Lee has appealed. ...
It appears from the evidence in the case that the appellant, D. H. Lee, and one A. T. Thomas applied to the respondent,
“We hereby authorize Chester Batchelor to deliver $114 to M. N. Knuppenberg out of the money to be loaned A. T. Thomas and D. H. Lee,- or his brother,”
It is argued by the appellant that D. H. Lee was not liable for the payment of this money unless the loan was completed, for the reason that it was an order for the payment of money out of a particular fund which never came into existence. But it is clear from the memorandum itself, and from all the facts
It is also argued that the appellant, D. H. Lee, was not liable for the expenses of obtaining the loan which was not made. The loan was abandoned by the defendants for the reason that A. T. Thomas would not indorse the note when it was received. There is some dispute in the evidence upon the question whether D. H. Lee agreed to pay the expenses of the loan. But we are satisfied from a preponderance of the evidence that he did so agree. The expenses were shown to amount to $65.
The main questions presented upon the briefs, and the main questions at the trial of the case, were questions of fact. We are satisfied from a reading of the record that the court below correctly found in favor of the respondent for the sum of $114, with interest advanced by Knuppenberg to D. H. Lee; and also for the expenses of obtaining the loan which was not completed by reason of the failure of D. H. Lee and his agent, A. T. Thomas, to procure the abstract and complete the loan as they had agreed. The expenses to Mr. Knuppenberg on this account amounted to $65.
The judgment is therefore affirmed.
Barker, Gose, and Chadwick, JJ., concur.