McClaine v. Fairchild

Citations

• 23 Wash. 758
• 63 P. 517
• 1901 Wash. LEXIS 480

Syllabus

<p>PLEADING-AMENDING DEMURRER TO PLEAD LIMITATION OF ACTION —DISCRETION OF COURT.</p> <p>The action of the court in allowing defendant to withdraw his demurrer and interpose a second one setting up the additional ground that the action was barred by the statute of limitations was within the discretion vested in the court, under the statute authorizing amendments in furtherance of justice.</p> <p>LIMITATION Off ACTIONS — SUBSCRIPTION—ACCRUAL Off RIGHT Off ACTION.</p> <p>Where subscriptions to aid in the construction of a railway were made to trustees on condition that promissory notes or deeds to real estate should be executed and delivered to the trustees whenever any company should be secured to construct the railway, and should be placed in the hands of the trustees with the understanding that one half of the total should be paid over by the trustees when the railway was graded and the ties and iron laid, and the balance should be delivered when the first train was run over the entire line, a right of action on such subscriptions accrued upon the completion of the railway and the operation of trains thereon; and where the subscriber had an option to pay in money or real estate, his election was necessary as soon after performance of the conditions of the contract as he had notice thereof, and the statute would begin running from the date of such notice or demand upon him, whether or not he had exercised the election given by his option.</p>