Hart-Parr Co. v. Keeth

Citations

• 62 Wash. 464
• 114 P. 169
• 1911 Wash. LEXIS 726

Syllabus

<p>Pleading“Answer-^Inconsistent Defenses — Election. Defenses so inconsistent that one must necessarily be untrue are not permissible under the code; and in an action for the price of a traction engine, a defense that the notes and contract were only delivered conditionally and were not effective or delivered, because the engine did not fulfill conditions, is inconsistent with a counterclaim for damages by reason of the insufficiency of the engine; and defendant is properly required to elect between them.</p> <p>Jury — Right to Jury Trial- — Equity—Lost Notes. An action upon lost notes, seeking their establishment and recovery upon indemnifying the defendant against liability on the original notes, is one of equitable cognizance, and defendant is not entitled to a jury trial.</p>