Legal Opinion

Kain v. Sylvester

Washington Supreme Court

Decided February 7, 1911No. 8985PublishedCited by 5 opinions

Appeal from a judgment of the superior court for King county, Gilliam, J., entered February 21, 1910, upon findings in favor of certain of the defendants, after a trial on the merits before the court without a jury, in an action on contract.

1Opinion of the CourtRudkin, J.

— Between the 26th day of July, 1906, and the 5th day of November, 1907, the plaintiff, Kain, and one Wilson were engaged in prospecting for oil on certain claims in the territory of Alaska. The present action was instituted by the plaintiff in his own behalf and as assignee of Wilson to recover the contract price of their services. The complaint alleged a joint employment of the plaintiff and his assignor by the defendants Sylvester, Giffin, Bowser, *152Hammond, and the Cook Inlet Development Company. The defendants Bowser and Hammond were not served with process and made no appearance in the…

2Cases cited4 opinions

  1. Peterson v. Seattle Traction Co.Washington Supreme Court · 1900
  2. Williams v. NinemireWashington Supreme Court · 1900
  3. Armstrong v. Wm. Musser Lumber & Manufacturing Co.Washington Supreme Court · 1906
  4. Trumbull v. JackmanWashington Supreme Court · 1894

3Cited by5 opinions

  1. White v. HolmWashington Supreme Court · 1968
  2. Rule v. SomervillWashington Supreme Court · 1929
  3. Moe v. WolterWashington Supreme Court · 1925
  4. Greenbaum v. SternWashington Supreme Court · 1916
  5. Pacific Coast Paper Mills v. Pacific Mercantile AgencyWashington Supreme Court · 1931

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