Williams v. Lindenberger Packing Co.

Citations

• 86 Wash. 292
• 150 P. 432
• 1915 Wash. LEXIS 1000

Syllabus

<p>Dismissal and Nonsuit — Failure to Amend — Issues Undetermined. Where the plaintiff alleged three several items of damages from breach of contract, and was ordered to make the complaint more definite and certain in one particular only, it is error, on motion to strike the amended complaint for failure to properly comply with the order, to dismiss the action, since an issue was tendered as to the other items.</p> <p>Appeal — Orders Reviewable — Demurrer—Final Orders. Where a motion to strike an amended complaint alleging three several items of damages from breach of contract was treated and argued as a demurrer to one of the items only, the supreme court will not review the judgment thereon, so long as any issue tendered has not been disposed of on the merits.</p> <p>Dismissal and Nonsuit — Failure to Amend — Issues. Where a motion to strike an amended complaint alleging two several items of damage was treated as a demurrer to one of the items, failure to plead over does not subject the plaintiff to a dismissal, as for contumacy in refusing to comply with the order to strike; since he was entitled to go to trial on the remaining items.</p> <p>Appeal — Decisions Appealable- — -Amount in Controversy. An appeal from a judgment dismissing an action, for contumacy in failing to comply with an order to strike one item of the complaint, will not be dismissed as involving only costs and less than $200, where there was real error, in that other parts of the complaint tendering an issue were improperly disposed of.</p>