Dudley v. Duval

Citations

• 29 Wash. 528
• 70 P. 68
• 1902 Wash. LEXIS 611

Syllabus

<p>PLEADING-BILL OE PARTICULARS — IMPROPER JOINDER OE CAUSES.</p> <p>Tbe objection that a bill of particulars filed by plaintiff amplifies tbe claim set up in his complaint' into two causes of action improperly united, would not render tbe complaint itself demurrable on tbe ground of improper joinder, since a bill of particulars is not a pleading and is not a part of tbe complaint except to tbe extent' of restricting tbe proof to tbe matters therein specified.</p> <p>SAME — DEPARTURE.</p> <p>The fact that a b: 11 of particulars presents a case different from tbe complaint' does not constitute a departure in pleading.</p> <p>SAME-JOINDER OE CAUSES OE ACTION.</p> <p>Under Bal. Code, § 4942, which permits several causes of action to be united when they all arise out of contract, an action on a contract for services and one upon a guaranty may be united in tbe same action.</p> <p>PAROL EVIDENCE-PROOF OF GUARANTY.</p> <p>Where a guaranty to answer for tbe debt of another bad been executed, parol evidence was admissible to prove tbe existence of tbe contract.</p> <p>ACTION ON CONTRACT FOR SERVICES-PROOF OF GUARANTY — VARIANCE.</p> <p>Where a complaint alleged tbe indebtedness of defendants to plaintiff in a certain sum for services rendered, proof that some of tbe defendants guarantied tbe pre-existing indebtedness of another defendant, which they promised to pay, together with additional compensation, if plaintiff would continue in tbe employ of all tbe defendants for a stipulated period, constitutes at most but an immaterial variance, in tbe absence of a showing that the adverse party was misled thereby.</p>