Erickson v. F. McLellan & Co.

Citations

• 46 Wash. 661
• 91 P. 249
• 1907 Wash. LEXIS 683

Syllabus

<p>Pleading — Reply—Departure. In an action upon a contract, where the defendant alleged failure' to perform within the time limit, it is not a departure to set up in the reply a modification of the original contract as to the time limit and delay occasioned by the defendant preventing a performance within such time, which was thereby waived.</p> <p>Same — Defects—Objections. ' Objections to defects in pleadings cannot be raised by objection to any evidence at the trial.</p>