Hansen v. Lemley

Citations

• 100 Wash. 444
• 171 P. 255
• 1918 Wash. LEXIS 766

Syllabus

<p>Pleading—Amendment—Departure. Under a complaint alleging that plaintiff performed work and labor for defendant, under an unfulfilled contract of partnership, for which he was entitled to compensation, it is not a departure that a trial amendment set up work done at the special instance and request of the defendant, as the allegation as to an unfulfilled partnership was only matter of inducement or anticipatory of a defense.</p> <p>New Trial — Grounds — Misconduct. Misconduct warranting a new trial is not shown by the fact that two women jurors, referring to appellant’s attorney, confided to each other that they “just hated that lawyer with a mustache,” where no. prejudice was shown.</p>