Norris Safe & Lock Co. v. Clark

Citations

• 28 Wash. 268
• 68 P. 718
• 1902 Wash. LEXIS 484

Syllabus

<p>PLEADING-DENIAL OF DEBT AND PLEA OF PAYMENT-ELECTION.</p> <p>Where defendant in an action to recover the price of materials answers by general denial and also that it had paid another party for such materials, it was not error to refuse to compel defendant on motion to elect between it's plea of general denial and of payment, since the answer of iayment to some one else than plaintiff is an immaterial averment and constitutes no defense.</p> <p>CONTRACTS-SUFFICIENCY OF EVIDENCE.</p> <p>The fact that the evidence shows that a contract for furnishing certain materials to defendants was made hy another than plaintiff would not be ground for nonsuit, when it also appears that such third party refused to accept the contract but billed and consigned the goods to plaintiff, who paid therefor and furnished same to defendants, who accepted and used the material, paying plaintiff a large part of the contract price therefor.</p> <p>PLEADING-AMENDMENT AT TRIAL.</p> <p>In an action by plaintiff to recover upon a contract which he had entered into as agent for another, and had been compelled to carry out himself because of his principal’s refusal to furnish the materials under the contract made in its name, it was error to refuse plaintiff’s offer to amend his complaint on the trial so as to show an assignment of the contract to him by his former principal.</p>