Port Blakely Mill Co. v. Hartford Fire Insurance

Citations

• 50 Wash. 657
• 97 P. 781
• 1908 Wash. LEXIS 801

Syllabus

<p>Insurance — Conditions—Performance—Breach—Evidence—Burden op Proof. A promissory warranty in an insurance policy on the part of the assured to use due diligence in maintaining an automatic sprinkler system in good working order is a condition subsequent, the performance of which need not be pleaded and proved by plaintiff; and after the policy has attached, the burden of proving a breach is upon the defendant.</p> <p>Pleading — Actions — Conditions Precedent — Statutes. Bal. Code, § 4934, requiring the plaintiff to plead the performance of all conditions upon which the action is based has reference only to conditions precedent or necessary to the creation of the contract or to the perfecting of the right of action, and not to conditions subsequent.</p> <p>Appeal — Review — Harmless Error — Denial of Continuance. Where defendant submitted its case without evidence, solely upon a question of pleadings and the burden of proof, it is not in a position to allege prejudicial error in the previous denial of motion for a continuance asked for on the ground of the absence of a material witness.</p>