4 Wash. 675 | Wash. | 1892
The opinion of the court was delivered by
This appeal is taken on two grounds, viz.: (1) Insufficiency of the evidence to justify the verdict; (2) Error in the assessment of the amount of the recovery. We have examined all the testimony in this case, but are not able to say that error was committed by the court in overruling appellant’s motion for a new trial for the reasons alleged in the motion. So far as the special terms of the contract are concerned, the proof is exceedingly unsatisfactory. It is usual in cases of this kind to have the contract executed in duplicate, each party retaining one; but in this instance only one was written, and the company took possession of that, although the respondent says they promised to furnish him a copy, but never did so. The company then had the original and best evidence of the contract, but was unable to produce it in court, and had to rely on the memory of the witness El well, who had been its agent, as to the contents of the contract executed three years before, and his testimony is not very clear as to the provisions withholding 25 per cent. His testimony shows
The 'deposition of Shields, the ex-receiver of the land office, to the effect that his memoranda of money received showed $410 paid by W. W. Newlin for James G. Ingersoll does not in any way tend to contradict Ingersoll, for Ingersoll testified that Newlin did his business for him at the land office on that occasion, and paid the money for him; but that he furnished the money which Newlin paid,
This conclusion renders an investigation of the motion to dismiss the appeal unnecessary.
The judgment is, therefore, affirmed.
Anders, O. J., and Scott, Hoyt and Stiles, JJ., concur.