King v. Second Avenue Investment Co.
Washington Supreme Court
Appeal from an. order of the superior court for King county, Allen, J., entered May 22,1920, granting a new trial, after the verdict of a jury rendered in favor of the plaintiffs, in an action on contract.
1DissentMackintosh, J.
(dissenting) — The complaint in this action was founded upon a contemporaneous oral agreement. Testimony was introduced to establish such an agreement, and the trial court submitted' the case upon that theory. On appeal, the case was presented upon an entirely different theory. Under the instruction of the court, the only possible theory upon which the jury was justified in returning a verdict was the finding by it that a contemporaneous oral contract had been entered into. The trial court was correct in granting a motion for a new trial for the reason that these instructions were improper.
The…
2Cases cited6 opinions
- Lawson v. Black Diamond Coal Mining Co.Washington Supreme Court · 1909
- Minnesota Sandstone Co. v. ClarkWashington Supreme Court · 1904
- Newell v. LampingWashington Supreme Court · 1907
- O'Brien v. Griffiths & Sprague Stevedoring Co.Washington Supreme Court · 1921
- Ross v. Portland Coffee & Spice Co.Washington Supreme Court · 1903
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