Maltbie v. Gadd

Citations

• 101 Wash. 483
• 172 P. 557

Syllabus

<p>Pleading—Answer—Motion to Strike—Demurrer. A motion to strike an amended answer because similar to the original may be treated as a demurrer and sustained.</p> <p>. Sales—Breach op Warranty—Waiver. A warranty that a pump will pump a certain quantity of water is waived where it was breached at the inception of the contract, and the greater part of the purchase price was paid thereafter, and the obligation to pay the balance was renewed four years later.</p> <p>Pleading—Trial Amendment. Where defendants did not take advantage of leave to amend an affirmative answer, after a demurrer thereto was sustained, but went to trial on denials, it is not error to refuse leave to make a trial amendment or accept an offer of proof thereunder.</p> <p>-Sales—Breach op Warranty—Defense — Return of Property. Where the buyer had waived breach of warranty of a pump, a tender of its return is no defense to an action for the balance of the purchase price.</p>