Saar v. Weeks

Citations

• 105 Wash. 628
• 178 P. 819

Syllabus

<p>Appeal and Error (282)—Statement of Facts—Necessity—Dis-allowance of Amendment. Error cannot be predicated upon the disallowance of an amendment to an answer, in the absence of a statement of facts containing the showing made before the trial court.</p> <p>Discovery (15)—Inspection of Writing—Materiality. It is not error to refuse to allow plaintiff an inspection of writings, where defendants struck out all reference thereto, and plaintiffs set out the agreement verbatim in their reply.</p> <p>Judgment (200)—Conclusiveness—Persons Concluded—Privity. In an action to quiet title, an answer pleading a former adjudication as to the title against the K. lumber company and that plaintiff was identified in interest with such company states facts constituting a defense.</p> <p>Trusts (20)—Constructive Trust—Fraud. Property obtained through the fraudulent practices of a third person will be held under a constructive trust for the person defrauded although the person receiving the benefit was innocent of collusion, since he adopted the means by which it was procured.</p> <p>Discovery (10)—Failure to Answer Interrogatories. Default is properly taken against plaintiffs who refuse to answer interrogatories submitted by defendants calling for facts material to the defense.</p>