Southern Alaska Canning Co. v. Smith

Citations

• 113 Wash. 400
• 194 P. 383
• 1920 Wash. LEXIS 850

Syllabus

<p>Pleading (42) — Answer—Inconsistent Defenses — Election. In an action for a balance due on the purchase price of a ship, an affirmative defense of a defect rendering the ship unseaworthy by reason of which plaintiff agreed to take less, is not inconsistent with a defense that defendant was damaged to the extent of such amount by reason of false representations; and it is error to require an election between them.</p> <p>Appeal (406) — Review—New Trial on Specific Ground. Where a new trial was granted solely upon the ground of a specified error of law, the same may be reviewed on appeal.</p>