International Development Co. v. Clemans

Citations

• 59 Wash. 398
• 109 P. 1034
• 1910 Wash. LEXIS 1211

Syllabus

<p>Covenants — Against Incumbrances — Breach—Damages. A covenant of warranty against incumbrances is one of indemnity and only nominal damages can be recovered for a breach, where the plaintiff fails to allege either an eviction or a discharge of the incumbrances.</p> <p>Pleadings — Amendments—Damages—Arising After Action. Usually, for the recovery of damages occurring after the commencement of an action, the plaintiff should file an amended or supplemental complaint.</p> <p>Same — Discretion of Court. It is not an abuse of discretion to refuse leave to file an amended or supplemental complaint to show damages occurring after the commencement of an action for breach of covenant, where the plaintiff had attached defendant’s property when it had no substantial right of action and did not ash leave to amend until after the court had charged the jury at the close of the trial.</p> <p>Same — Amendments to Conform to Proof. A complaint should not he deemed amended to conform to the proof, so as to permit a recovery outside of the allegations of the complaint, where the proof was objected to, and in amending it the court expressly restricted it to another proper purpose because such recovery was not sought in the complaint.</p>