Russell v. Mutual Lumber Co.

Fullerton, J. —

The questions presented on this ap-peal, in some of their aspects, were before this court in the case of Russell v. Mutual Lumber Co., 124 Wash. 109, 213 Pac. 461, 216 Pac. 891. It is stated in the briefs of counsel, although it does not otherwise appear from the record, that, after that cause had been remanded by this court, issue was taken on the allegations of the complaint and a trial entered upon, which ’ was terminated by a voluntary nonsuit taken by the plaintiff therein. Following the entry of the nonsuit, the plaintiff instituted the present action upon the contract…