Behne v. Stapish

Citations

• 68 Wash. 204
• 122 P. 1002
• 1912 Wash. LEXIS 1268

Syllabus

<p>Pleadings — Amendments —■ Trial Amendment to Conform to Proof — Discretion. It is not an abuse of discretion to allow the plaintiffs to amend their reply, long before the trial commenced, to correct an inadvertent omission, and to amend the complaint at the trial to conform to the proofs, where, as a condition precedent, a continuance at the plaintiffs’ cost was granted until such time as the defendants could fully prepare to meet the new issues, and no prejudice is claimed.</p> <p>Liens' — Foreclosure—Contract—Evidence—Sufficiency. In an action to foreclose a lien for digging a well, a finding that defendants were to furnish the casings is warranted, where there was evidence of a custom for the landowner to do so in case they were necessary, and that defendants knew of such custom, and promised to furnish them when the matter was first broached.</p>