Metcalf v. Storey

Citations

• 80 Wash. 119
• 141 P. 315
• 1914 Wash. LEXIS 1271

Syllabus

<p>Appeal—Preservation of Grounds—Findings — Exceptions. In the absence of exceptions to the findings of fact, they are conclusive on appeal.</p> <p>Pleadings-—Judgment on Pleadings—Answer—Sufficiency. In an action for a broker’s commissions, judgment on the pleadings cannot be granted on the theory that affirmative defenses admitted the employment, where the defenses showed that the broker failed to perform his contract, and the answer denied that he rendered any services.</p> <p>Brokers—Actions for Commissions—Defenses—Failure to Perform. There is no liability for a broker’s commissions, agreed to be paid upon the completion of a certain trade, where it was conclusively established that the trade was not completed.</p>