Eaton v. General Compressed Air & Vacuum Machinery Co.

Citations

• 62 Wash. 373
• 113 P. 1091
• 1911 Wash. LEXIS 710

Syllabus

<p>Pleading — Amendment^—Discretion. It is not an abuse of discretion to refuse leave to amend an answer at the trial by substituting a general denial for certain admissions respecting a contract alleged in the complaint, where the action had been pending several months, the case had been regularly set for trial, and a jury empaneled to try the case.</p> <p>Pleading — Variance—Contract—Construction. In an action upon a contract to recover “10 per cent on any business” done for the defendant, it is not a failure of proof or a material variance to prove a contract by defendant’s letters for “a commission of ten per cent on all goods of our manufacture” where in another letter “ten per cent oh any business you secure for us” was stated to mean “ten per cent to you on all goods of our manufacture.”</p> <p>Contracts — Action for Breach — Evidence—Question for Court. In an action on contract for services, a verdict for the plaintiff is properly directed, where the contract was admitted and the defendant’s evidence showed the amount due thereon to be substantially the sum found by the court.</p>