Pearson v. M. Gottstein Investment Co.

Citations

• 112 Wash. 60
• 191 P. 796
• 1920 Wash. LEXIS 688

Syllabus

<p>Appeal (145)—Peesebvation of Grounds—Exceptions to Findings. Findings made in an equity case, while not necessary, are as conclusive on appeal, when made, as in law actions, unless duly ex^ cepted to.</p> <p>Same (150)—Exceptions to Findings—Sufficiency of General Exception. A general exception to the refusal of the court to make findings requested hy appellant, evidenced in the record hy the words “plaintiff duly excepted thereto”, is insufficient to secure a review of the evidence on appeal.</p> <p>Pleading (6)—Conclusions From Facts Alleged. In an action to recover a balance due upon a construction contract, an allegation in the affirmative answer that plaintiff “forfeited any right to compensation” is hut a conclusion that, in the light of preceding allegations, defendants’ damages caused hy plaintiff’s neglect of the work exceeded the amount of plaintiff’s claim, and was not the pleading of a technical forfeiture.</p>