Hodges v. Price

Citations

• 38 Wash. 1
• 80 P. 202
• 1905 Wash. LEXIS 1105

Syllabus

<p>Appeal—Review—Waiver op Special Appearance by Answer. Error in refusing to quash the service of a summons is waived by answering on the merits without preserving the special appearance. •</p> <p>Appeal—Review—Nonsuit—Waiver. A motion for a nonsuit in a case tried de novo on appeal is waived by proceeding with the trial, since the court will look to the whole evidence to sustain the judgment.</p> <p>Appeal—Review—Harmless Error—Evidence. In an equity case tried de novo on appeal, the case will not be reversed for the erroneous admission of evidence.</p> <p>Contracts—Rescission—Partnership—Dipperences Requiring Dissolution—Pleading—Complaint—Suppiciency op Allegations. In an action upon a contract whereby the plaintiff and defendant entered into an agreement in the nature of a partnership for the raising of stock upon plaintiff’s premises, which were to be occupied jointly by the parties, the profits to be divided, a complaint alleging violations of the contract upon the part of the defendant and showing such a state of facts and irreconcilable differences between the parties that a dissolution of the agreement is necessary, and asking that the contract be declared null and void, states a sufficient cause of action for the rescission of the contract.</p> <p>Same—Supplemental Complaint—Acts Since Commencement oe Action. In an action for the rescission of a contract whereby the parties were to jointly occupy the plaintiff’s premises and engage in the business of stock raising, dividing the profits, in which the complaint alleges various breaches of the contract by defendant, it is proper to permit the filing of a supplemental complaint showing that since the action was commenced the defendant had further violated the contract by driving the plaintiff from the premises and depriving her of the joint occupation thereof, since it is proper to show acts or a course of conduct since the commencement of the action, tending to interpret the intention of the party in the com