LaRault v. Palmer

Citations

• 51 Wash. 664
• 1909 Wash. LEXIS 1251

Syllabus

<p>Set-Off and Counterclaim — Tender — As Bar — Pleading. A tender by defendant of a sum admitted to be due on a contract involving items that can be segregated does not bar a counterclaim for a larger sum arising out of the same transaction, Bal. Code, § 5176, only requiring a tender of the amount admitted to be due.</p> <p>Appeal — Preservation of Grounds — Offer of Proof. After the court has sustained objections to a counterclaim and ruled that no evidence will be received thereunder, an offer of proof is not necessary to secure a review of the ruling on appeal.</p>