Hubenthal v. Spokane & Inland Railway Co.

Citations

• 43 Wash. 677
• 86 P. 955
• 1906 Wash. LEXIS 768

Syllabus

<p>Pleadings — Motion for Judgment Upon — Sufficiency of Cause. While the sufficiency of pleadings should not generally be tested by motion for judgment thereon, the practice is proper where it is apparent that no technical objection is made and that' the pleadings are incapable of amendment, and the parties elect to stand thereon for that reason.</p> <p>Deeds — Validity—Fraud or Mistake — Equitable Relief — Pleadings — Sufficiency. A complaint by a grantor, who signed a deed for a right of way drawn by the agents of the grantee, relying upon representations that the deed contained all the agreements of the parties, is insufficient to entitle the plaintiff to equitable relief on the ground of fraud or mistake, where it simply appears that it did not embody all the prior stipulations of the parties, no excuse for failure to read the contract, artifice, or relation of trust being alleged..</p> <p>Evidence — Parol Evidence — Affecting Writing — Deeds — Easements — Collateral Contract. Parol proof is inadmissible to show that upon giving an absolute deed for a right of way, the grantee agreed to maintain an underground passage through the fill for the use of the owner; since oral testimony could not be admitted to limit or qualify the grant; nor could an easement in real property be created or proved by parol; nor could parol proof of a collateral agreement be received to contradict the terms of the written agreement.</p> <p>Injunction— Against Trespass —Pleading— Nominal Damages. In an action for an injunction, a complaint alleging that the grantee of a right of way fifty feet wide is depositing earth and soil outside the limits of the right of way upon plaintiff’s premises, does. not state a cause of action warranting interference by a court of equity where there is nothing to show the extent of the encroachment or amount of the damages, or any facts warranting more than nominal damages.</p> <p>Appeal — Preservation of Grounds — Objections to Pleadings. Error in grant