Post v. Tamm

Citations

• 91 Wash. 504
• 158 P. 91
• 1916 Wash. LEXIS 1089

Syllabus

<p>Evidence — Parol Evidence — Bills and Notes — Conditions Subsequent. In the absence of fraud, a contemporaneous oral agreement providing for the surrender of a promissory note upon the execution by the promisor of a will making the payee a legatee to the extent of the face value of the note cannot he shown as a defense to an action upon the note.</p> <p>Appeal — Review — Pleadings. Rulings of the trial court in settling the pleadings are not material on appeal, where the appellant was permitted to introduce evidence on any matter constituting a defense, whether included in the pleadings as finally settled or not.</p> <p>Pleading — Amendment—Condition op Cause. The denial of a reguest to amend a pleading was not error, where it was not presented until after the cause had been tried and the court had announced its ruling.</p>