Ford v. Leschi Market & Grocery Co.

Citations

• 117 Wash. 686
• 202 P. 247
• 1921 Wash. LEXIS 912

Syllabus

<p>Pleading (134, 136) — Bill of Particulars — Right to — Excuse— Sufficiency of Complaint. In an action brought to recover a balance due on account, one item being for wages in the sum of $525, which did not set out the rate per month, or the months for which payment was delinquent, or payments made on account thereof, the plaintiff is precluded from giving evidence as to such item, under Rem. Code, § 284, where he fails to file a bill of particulars ordered by the court on demand of the defendant.</p> <p>Same (134) — Demand for Particulars — Waiver, Answer to a complaint on account, after failure of plaintiff to comply with an order for a bill of particulars, does not constitute a waiver of the demand by defendant.</p>