Washington Printing Co. v. Osner

Citations

• 99 Wash. 537
• 169 P. 988
• 1918 Wash. LEXIS 666

Syllabus

<p>Corporations—Actions—Capacity to Sue—Paying License Fee —Waiver op Objection. The failure of a plaintiff corporation to pay its license fee, as condition precedent to its right to sue, as provided in Rem. Code, § 3715, relates only to its capacity to sue, and is waived by failing to object either by demurrer or answer.</p> <p>Pleading—Answer—Codeeendants. One defendant’s separate denial of an allegation as to plaintiff’s capacity to sue does not inure to the benefit of a codefendant.</p> <p>Frauds, Statute or—Promise to Pay Debt or Another. The agreement of a promoter of the consolidation of two newspapers to pay a printing bill, in case the printers would forbear and continue to print the paper, is not void as an oral contract to pay the debt of another within the statute of frauds, where it appears that the promisor was interested in the continuation of the publication until the consolidation, which would redound to his benefit, and that the promise included the old debt as well as the continued printing.</p>