Seattle Turning & Scroll Works v. Eckloff
Seattle Turning & Scroll Works v. Eckloff
Opinion of the Court
This action was commenced by Seattle Turning and Scroll Works, a corporation, against Gust Eckloff,
Appellants first insist that the trial judge erred in overruling their demurrer to the cross-complaint of the respondent Eckloff, and in refusing to dismiss his cross-complaint. They argue that respondent’s right of action had not matured when his pleading was filed, and that as far as he was concerned the action was prematurely commenced. No facts sufficient to sustain this contention appear on the face of the cross-complaint, as from its allegations it would appear that the cause of action had matured. There is no evidence before us sufficient to show that respondent’s foreclosure was pre
There is but one controlling question raised on this appeal, and that is whether the appellants are entitled to recover all damages pleaded by them. Only a portion of the amount which they claimed was allowed by the trial judge. The statement of facts discloses a stipulation, to the effect that it contains all evidence introduced on the trial material to the appeal, but the only evidence certified was introduced by the appellants and consisted of certain exhibits and brief testimony of W. R. Colby, Jr., and one other witness. Immediately preceding the evidence of these witnesses, the statement of facts notes the appearances, and then makes the following recital:
“The defendant and cross-complainant Eckloff thereupon introduced evidence tending to support the findings of fact made by the court.”
No other or further proceedings are shown. In view of this statement, certified by the trial judge, we fail to understand how we can question the findings made, or the final judgment which they undoubtedly support. Appellants’ claims for damages are predicated on a certain stipulation in respondent’s building contract, which refers to a written contract between appellants and the Interlaken Land Company, a corporation, for the purchase of certain lots by appellants, and which also refers to a certain mortgage executed and delivered to the Interlaken Land Company by appellant on one of the lots. The building was erected on one of the lots purchased, but not upon the one mortgaged. Appellants claim that, under the terms of the mortgage and the written contract existing
“That the allegations contained in the answer of defendants W. R. Colby, Jr., and Jane Doe Colby, his wife, to the cross-complainant Gust Eckloff are not proven except as to the items hereinbefore set off and allowed to said defendants Colby and wife.”
In view of these findings and the certified statement that evidence not before us was introduced tending to sustain them, we cannot enter upon a consideration of the issue as to what additional damages, if any, should be allowed appellant for respondent’s alleged delay. Without entering upon a detailed discussion of evidence now before us, upon which appellant relies, we will nevertheless state that, having examined the entire record, we could in no event reach the conclusion that it is sufficient to justify any larger award of damages •to appellants than the trial judge has already made.
The judgment is affirmed.
Dunbar, C. J., Chadwick, and Morris, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.