Meals v. De Soto Placer Mining Co.

Citations

• 33 Wash. 302
• 74 P. 470
• 1903 Wash. LEXIS 522

Syllabus

<p>CORPORATIONS-CONTRACTS-SUFFICIENCY OF EVIDENCE. There ÍS sufficient evidence to support a judgment against a corporation where it appears that the services were rendered at its instance, for its benefit, and under a contract made by its agent.</p> <p>Appeal—Review—Theory of Trial. A cause must be tried in the supreme court on the same theory on which it was tried below.</p> <p>Pleading—Variance. Where the complaint alleges a contract of sale, and the answer sets up a conditional sale denying that the machine was as represented, upon which defense the case was tried, the defendant cannot complain of a variance between the complaint and proof.</p> <p>Demurrer—Several Causes of Action. A general demurrer for want of sufficient facts, where there are two causes of action, is properly overruled where the second cause of action is properly stated.</p>