Buttz v. Cook

Citations

• 62 Wash. 90
• 113 P. 282
• 1911 Wash. LEXIS 654

Syllabus

<p>Appeal — Review—Harmless Error — Objections to Evidence— Pleading — Issues. In an action on contract for services, put in issue by a general denial, it is not error to refuse to strike evidence of a waiver by plaintiff of the contract, on motion made near the close of the trial, where much evidence of that nature had been admitted without objection.</p> <p>Pleadings — Issues and Proof — General Denial. Waiver by plaintiff of a contract for services may be shown in an action for the services under a general denial, where the evidence tended to show that the services had not been performed.</p> <p>Appeal — Review—Harmless Error — Tender — Curing Error— Verdict. Where a check was tendered plaintiff of the amount due, less interest, and was refused and held subject to defendants’ order because it did not include interest, an offer to cash the check, made by defendants before judgment, cures any errors leading up to a verdict for the interest only.</p> <p>Same — Exclusion of Evidence. Error in the exclusion of evidence to show the joint liability of one of the defendants is harmless where the verdict was against such defendant.</p>