Vulcan Iron Works v. Burrell Construction Co.

Citations

• 39 Wash. 319
• 81 P. 835
• 1905 Wash. LEXIS 865

Syllabus

<p>Pleadings—Variance—Contracts—Parties—Adoption op Contract Made by Another Party. In. an action upon a contract for the purchase price of castings, alleged to have been sold to the defendant, it is not a variance that the proof showed a contract originally entered into with defendant’s president, who afterwards directed the account to be changed, where the goods were consigned to the defendant and part of the correspondence was carried on in its name; since the antecedent negotiations were unessential, and a sale to the defendant was shown.</p> <p>Pleading—Amendment—Issues Raised by Denials—Contracts— Parties. In an action on contract, an amendment .to an answer to show that the defendant was not a party to the contract is not necessary where the issue was raised by denials.</p> <p>Continuance — Surprise — Refusal of Nonsuit —• Pleadings — Amendment. The denial of a nonsuit is not such surprise as warrants a continuance or the allowance of amendment to the pleadings.</p>