Kelly v. Lum

Citations

• 75 Wash. 135
• 134 P. 819
• 1913 Wash. LEXIS 1686

Syllabus

<p>Pleadings — Objections—Waiver — Amendments to Conform to Proof. Objection that an affirmative answer does not state sufficient facts to constitute a defense, is waived and the answer deemed amended Oto conform to proofs, where the defects were amendable and the objection was first made at the trial after the proofs had been taken.</p> <p>Sales — Breach of Warranty — Evidence—Sufficiency. The evidence justifies a finding that fruit trees sold were defective, where none of them sprouted when planted and cared for in the same manner as other trees of which 95 per cent lived and grew.</p> <p>Sales — Implied Warranty — Nursery Trees. Upon a sale of nursery trees, there is an implied warranty that they are reasonably fit, true to name, and will germinate and grow.</p> <p>Appeal — Review—Verdict. A verdict will not be set aside on appeal if there is evidence which tends to support it.</p>