Mendenhall v. Davis

Citations

• 52 Wash. 169
• 100 P. 336
• 1909 Wash. LEXIS 1093

Syllabus

<p>Pleadings — Answer — Denials —-.Sufficiency — Judgment on Pleadings. In an action on a note and chattel mortgage, in which the answer admits the execution of the note and mortgage and attempts to set out an affirmative defense which showed that the indebtedness was not paid, a denial that the defendants “owe the sum of $900, or any other sum or amount whatsoever on account of the note and mortgage above described, or at all,” is not sufficient as a denial to put plaintiff upon proof or prevent a judgment for plaintiff on the pleadings.</p> <p>Contracts — For Personal Service — Performance—Discharge. A contract for personal services is discharged by the death of the party rendering the same.</p> <p>Same — Damages on Death of Employee- — Set-off and Counterclaim. An action for damages will not lie for breach of a contract for personal services, caused by the death of the party employed, but the employer may, when sued by the estate for the sum agreed to be paid for the service, set-off or plead in bar the damages he has sustained, if any, by reason of deceased’s failure to perform.</p> <p>Executors and Administrators — Actions—Set-off and Counterclaim. Where as part consideration for a note; the payee agreed to work for the maker for six months as a dentist, giving defendant one-half of his earnings, and died before completing the contract, in an action by his executors on the note, the maker may offset his damage for failure of the decedent to perform the contract, if the same was more favorable to defendant than any contract he could have made with any other person equally skilled; and the measure of such damage is the difference between the contract made and a contract for service with one equally skilled.</p> <p>Same — Set-off and Counterclaim — Presentation of Claim. In an action brought by an executor or administrator, a demand against the estate may be offset to the extent of plaintiff’s recovery, without previous presentation of a claim therefor, as require