Gay v. Schaefer

Citations

• 52 Wash. 269
• 100 P. 334
• 1909 Wash. LEXIS 1106

Syllabus

<p>Appeal — Review—Amendments to Conform to Proof. Upon an appeal, the complaint will be deemed amended to conform to the facts in an action tried by the court without a jury, where the evidence is brought up.</p> <p>Frauds, Statute of — Promise to Pay Debt of Another — -Chattel Mortgages — Assumption of Debt by Purchaser. A promise by the purchaser of mortgaged chattels to pay the mortgage debt if the mortgagee would consent to the transfer, makes the debt the debt of the purchaser, and is not within the statute of frauds, and need not be in writing.</p> <p>Chattel Mortgages — Assumption of Debt by Purchaser- — Attorney’s Fees. The assumption of a mortgage note by the purchaser of mortgaged chattels, includes the attorney’s fee provided for in the note.</p>