Stoner v. Fryett

Citations

• 91 Wash. 89
• 157 P. 213

Syllabus

<p>Pleading — Amendments—At Tkial. Under Rem. & Bal. Code, § 303, allowing amendments of any pleadings in furtherance of justice, the discretion of the trial court in allowing amendments will not be disturbed on appeal except for abuse; and it is not an abuse of discretion to allow a trial amendment to an answer without terms, where the plaintiffs objected to a continuance that had been granted on terms to enable them to reply to the amendment.</p> <p>Specific Peefokmance — Pleading — Judgment on Pleading' — Exchange of Pbopekties. In an action for the specific performance of a contract for the exchange of properties, the pleadings do not entitle plaintiff to judgment on the theory that defendants are shown to be willing to make the exchange, where it appears that plaintiffs were unable to perform at the time of the readiness of the defendants, that the parties then verbally rescinded, and defendants had since improved their property and changed their position on account of the verbal rescission.</p> <p>Exchange of Pbopebties — Rescission—Acting on Vebbal Rescission — Evidence—Sufficiency. Plaintiffs are not entitled to specific performance of a contract for the exchange of properties free of incumbrances, where they were unable to remove tax liens from their property while defendants were ready and able to make the exchange, and thereupon the contract was verbally rescinded, the defendants rented plaintiffs’ property and paid monthly rent thereon and made improvements upon their own property and were thereafter unwilling to make the exchange; since the conduct of plaintiffs may be shown in defense, even if the verbal rescission was of no effect.</p>