149 American Bldg and Loan Assn v Hart Appellants Reply

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149 American Bldg and Loan Assn v Hart Appellants Reply

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title: American Building and Loan Association, Appellant vs Albert D Hart and Frank C Faxon, as Hart & Co, Appellees, Reply Breif of Appellant.

title: 149

creator: American Building and Loan Association

contributor: Preston

contributor: Carr

contributor: W. S. Bush

date: 1891-01

publisher: Washington State Supreme Court

type: Civil

subject: Contracts

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, King County.Principal and Agent – Violation of Contract – Damages evidence – Refreshing Memory – Admissions – In an action for breach of a contract whereby plaintiffs were appointed general agents of the defendant building association with sole authority to solicit members and collect admission fees in certain territory, plaintiffs will be entitled merely to nominal damages, where the only material showing at the trial was that sales had been made by other parties in plaintiff’s territory without their knowledge or consent, and there was no proof of the number of shares sold nor of the actual damage resulting therefrom to plaintiffs.A party testifying as a witness cannot refresh his memory of the number of shares of stock sold by referring to a written list compiled by him from an extract of the record made by an under clerk of the building association; nor is the admission of the president of the association, to whom the original had been shown, that “it was correct in the total,’ competent evidence, when the paper shows no total.

relation: American Bldg. & Loan Ass'n v. Hart, 2 Wash. 594 (1891)

relation: 27 P. 468

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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