DocketNumber: No. 15269
Citation Numbers: 107 Wash. 363, 181 P. 682, 1919 Wash. LEXIS 1017
Judges: Holcomb
Filed Date: 5/31/1919
Status: Precedential
Modified Date: 10/19/2024
Respondent Swafford was employed, as he alleges, from January 15 to May 15,1916, in performing certain services for appellant Levine. For
“Agreement
“For and in consideration of $153 to me in hand paid this day by the Carnation Lumber & Shingle Company, L. H. Burnett and Harry Levine, I, the undersigned do hereby release and discharge the said Carnation Lumber and Shingle Company, a corporation, L. H. Burnett and Harry Levine, from any and all claims of any and every kind whatsoever, whether for money or otherwise, which I have or might have against said company and individuals.
“Signed at Seattle, Washington, this 6th day of March, 1917.
“Witnessed.
(Signed) L. B. Swafford.”
The case was tried to the court with a jury, and resulted in a verdict for the plaintiff in the sum of $670.
■The gist of the respondent’s claim in the court below was that he was employed to look up mill sites, to cruise lands, and to select machinery for a proposed shingle mill, location of which had not then been determined upon. It is admitted that, after going over various tracts, appellant Levine took an option on a mill and certain timber adjacent, on the recommendation of Swafford, which option was superseded by a lease of the mill by a corporation in which Levine was virtually a half owner.
Save for this general outline, the evidence is in direct conflict. As to the receipt above mentioned, Swafford made two assertions, first, that it was fraudulently obtained; and second, that the instrument had
There is nothing before us but disputed facts, and we shall not presume to disturb the findings of a jury which heard and saw the witnesses. The position of this court has been very definitely stated upon the question of reviewing the findings of a jury in a conflict of fact, and we shall not depart from that position in this case. McKenzie v. North Coast Colliery Co., 55 Wash. 495, 104 Pac. 801, 28 L. R. A. (N. S.) 1244; Merrill v. Stevens & Co., 61 Wash. 28, 112 Pac. 353, Ann. Cas. 1912B 1011; Auwarter v. Kroll, 89 Wash. 347, 154 Pac. 438; Willett v. Seattle, 96 Wash. 632, 165 Pac. 876; Gray v. Hickey, 97 Wash. 278, 166 Pac. 625.
Judgment on the verdict will be affirmed.
Chadwick, C. J., Mount, Fullerton, and Parker, JJ., concur.