(DOWNLOAD) "Stusser v. Gottstein" by Supreme Court of Washington ~ eBook PDF Kindle ePub Free
eBook details
- Title: Stusser v. Gottstein
- Author : Supreme Court of Washington
- Release Date : January 28, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This action is based upon a written instrument, and is for a money judgment. The defendants answer was a general denial. The cause went to trial before the court and a jury, and resulted in a verdict in favor of the plaintiff. Thereafter an order was entered granting a new trial, from which there was no appeal. The cause was again tried, and upon that trial the jury returned a verdict in favor of the defendant, from which the plaintiff appealed. Stusser v. Gottstein, 178 Wash. 360, 35 P.2d 5. Upon that appeal, the judgment was reversed and a new trial ordered. After the case was remanded to the superior court, the defendant amended his answer, and pleaded affirmatively an equitable defense. Upon motion, the trial court struck the demand for a jury trial, and the third trial was to the court without a jury. No formal findings of fact were made, but the trial court, in a memorandum opinion, expressed the view that the weight of the testimony was against the plaintiffs right to recover. From the judgment entered dismissing the action, the plaintiff appealed.