Peters v. McPherson

Citations

• 62 Wash. 496
• 114 P. 188
• 1911 Wash. LEXIS 732

Syllabus

<p>Pleading — Answer—Negative Pregnant. A denial in manner and form that plaintiffs expended.the specified sum of money alleged by them, in a certain action or at all, is a negative pregnant and insufficient.</p> <p>Pleading — Answer—General Denial — Sufficiency. A general denial of each and every allegation of a paragraph of a complaint alleging that a certain sum is the reasonable value of plaintiffs services is sufficient to put the same in issue, under Rem. & Bal. Code, § 264 (authorizing either a general or a specific denial), without any specific denial that some lesser sum was due; since a general denial under the code is the equivalent of the general issue.</p> <p>Pleading — Answer—Plea oe Tender — Judgment on Pleadings. A plea of tender does not entitle the defendant to judgment on the pleadings, since the plaintiffs can admit the same without waiving their cause of action.</p>