Lang v. Crescent Coal Co.

Citations

• 44 Wash. 267
• 87 P. 261
• 1906 Wash. LEXIS 824

Syllabus

<p>Mines and Minerals — Contract—Performance to Satisfaction of Engineer. In an action upon a contract to construct a 350 foot slope in a mine to the satisfaction of defendant’s engineer, tbe evidence is sufficient to show that it was done to the engineer’s satisfaction, where it appears that a dispute arose upon the completion of the first 75 feet, which was unsatisfactory, whereupon the plaintiff stopped work until the differences were settled, and finished the balance of the work as directed by the engineer, and there was evidence that the defendant agreed to accept the first 75 feet before defendant went back to work.</p> <p>Pleading — Variance. An allegation that the defendant accepted the work is sufficient to admit proof that the same was done to the satisfaction of defendant’s engineer as required by a written contract.</p> <p>Appeal — Harmless Error — Amendment. Error in overruling a demurrer to a complaint for failure to allege an essential matter is not prejudicial where evidence thereon was introduced and the same was the principal issue in the case; as the court will consider the complaint amended to conform to the proof.</p>