E. R. Butterworth & Sons v. Teale

Citations

• 54 Wash. 14
• 102 P. 768
• 1909 Wash. LEXIS 935

Syllabus

<p>Pleading — Variance—Prejudice. Under a complaint for the reasonable value of services rendered “at the instance and request of the defendant” it is not a fatal variance to prove that the services were rendered “with the Knowledge and consent of the defendant,” where there was no showing that the opposite party was actually misled as required by Bal. Code, § 4949.</p> <p>Husband and Wife — -Wife’s Separate Estate — Funeral Expenses. The wife’s separate estate is liable for the funeral expenses of her husband, he having left no property, where the services were rendered with her knowledge and consent.</p>