Helmer v. Title Guaranty & Surety Co.

Citations

• 50 Wash. 411
• 97 P. 451
• 1908 Wash. LEXIS 751

Syllabus

<p>Judgment — On the Pleadings — Pleadings — Inconsistency of Denials and Affirmative Defenses. In an action on a bond, to indemnify plaintiffs against loss on a building contract, in which, the complaint alleged breach of the bond, the recovery of judgments for debt foreclosing liens on the property and plaintiffs’ payment of the same, a judgment for plaintiffs on the pleadings is not warranted by an affirmative defense admitting the execution and conditions of the building contract and bond, where the answer generally denied each and all of the allegations of the complaint; since, if the answer were inconsistent in the particulars specified, the denial raised other material issues respecting the furnishing of the material and foreclosure of the liens, which would prevent judgment on the pleadings.</p>