Ernst v. Fox

Citations

• 26 Wash. 526
• 67 P. 258
• 1901 Wash. LEXIS 679

Syllabus

<p>PLEADING-VARIANCE-NEW TRIAL.</p> <p>The action of the court in giving judgment for defendants because of variance between the pleadings and proof of plaintiffs being erroneous, under Bal. Code, §§ 4949, 4950, which provide that in case of variance the court may order the pleading to be amended upon such terms as shall be just, if the adverse party has been misled, or may order an immediate amendment without costs, when the variance is not material, it was proper for the court to correct its ruling by granting a new trial upon motion therefor.</p>