Walsh Lumber Co. v. Chaney

Citations

• 67 Wash. 583
• 122 P. 10
• 1912 Wash. LEXIS 1215

Syllabus

<p>Pleadings — Amendments—Mistake. In an action upon an account, in which the defendant alleged an assignment by him and substitution of the assignee, and also sought an accounting alleging a balance due to defendant, plaintiff’s failure to reply to the defense of substitution is inadvertence that may be cured by amendment, especially where defendant offered no objection to the appointment of a referee to take the account.</p> <p>Reference — Approval of Report — Trial—Amendment of Pleadings. A referee to take an account being obliged to receive all the evidence offered, which is retumecf to the court with the objections and exceptions, the affirmance of a report of the referee, who allowed an amendment to the pleadings, amounts to an allowance of the necessary amendment to admit the proofs received.</p> <p>Reference — Trial—Amendment of Pleadings. A referee to take an account and hear the case on the merits may allow amendments to the pleadings, subject to review for abuse of discretion only.</p> <p>Appeal — Review—Harmless Error — Objections Waived. Error cannot be predicated upon a referee’s allowance of an amendment to the pleadings, where the party was not misled and offered evidence on the issue, and did not make the specific objection in opposing affirmation of the referee’s report.</p>