Fiske v. Elston

Citations

• 80 Wash. 625
• 141 P. 1138
• 1914 Wash. LEXIS 1344

Syllabus

<p>Appeal—Review-—Harmless Error. Error in refusing to require an election between inconsistent theories in the complaint is not prejudicial, where the plaintiffs did in fact proceed upon one theory only, and the case was tried and evidence introduced upon that theory, which was well understood by both parties throughout the trial, and no surprise was claimed.</p>