Miller v. Commercial Union Assurance Co.

Citations

• 69 Wash. 529
• 125 P. 782
• 1912 Wash. LEXIS 943

Syllabus

<p>Pleading — Inconsistent Pleadings — Correction. Where it is manifest from the whole record that the defendant only desired to have an offset, which had been inconsistently pleaded as a counterclaim in a cross-complaint, defendant, should be allowed to correct the pleading by dismissing the cross-complaint.</p> <p>Insurance — Automobile Policy — Misrepresentations — W arranties—Effect. In an application for an automobile policy, statements that it was a new machine and not second hand and had cost a specified sum, áre warranties and not representations, where the parties have stipulated in the policy that the statements are material and if untrue shall avoid the policy; and being affirmative and not promissory warranties, no recovery can be had on the policy where the statements were untrue.</p>