Shaw v. Lobe
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Main, J., entered May 17, 1909, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action on an account.
1Opinion of the CourtFullerton, J.
The appellant, as the assignee of one Lee D. Gilmer, brought this action against the respondent to recover a balance claimed to be due on an account stated between Gilmer and E. Lobe, the devisor of the respondent. The *220complaint carried a prayer in the alternative for a partnership accounting in case the court should fail to find the existence of an account stated. After issue had been joined a trial was had before the court without a jury, which resulted in a judgment in favor of the respondent. This appeal is taken therefrom.
Two principal questions are presented, the first of which is that…
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