DocketNumber: No. 6451
Citation Numbers: 45 Wash. 367
Filed Date: 1/28/1907
Status: Precedential
Modified Date: 8/12/2021
The appellant entered into a contract with the Washington Liquor Company to install a steam heating plant in its four-story brick block then, in the course of construction in the city of Spokane. The respondent had a contract with the liquor company for a lease of the building to commence on its completion. In the contract for the lease it was provided that the building should have a hot water heating plant instead of a steam heating one. When the appellant commenced to install the steam plant the attention of the respondent was called thereto, and a confer
The question presented is wholly one of fact. The evidence was conflicting, with no decided preponderance, so far as we are able to discover from the record, in favor of either party. In such a case it is an important advantage to have an opportunity to see 'the witnesses, and observe' their demeanor while testifying. As the trial court had that opportunity and decided with the respondent we are content to let the finding stand.
The judgment will be affirmed.