Wunsch v. Consolidated Laundry Co.

Citations

• 116 Wash. 44
• 198 P. 383
• 1921 Wash. LEXIS 790

Syllabus

<p>Pleading (112)—Amendment of Complaint—New or Different Cause of Action. A trial amendment of a complaint, even if it changes the cause of action from one sounding in tort to one sounding in contract, is permissible under the code.</p> <p>Same (109)—Condition of Cause — Asking Continuance. The amendment of a complaint in the course of a trial cannot be claimed as prejudicial on appeal, where defendant did not demand time to prepare to meet the new allegations.</p> <p>Evidence (48)—Competency—Value of Corporate Stock. In an action to recover the value of stock in an old corporation all the property of which had been transferred to a new corporation, under an agreement for an issue of new stock “dollar for dollar,” evidence of the value of the stock in the new corporation was admissible as tending to show the value of- the stock of the old corporation.</p> <p>Stipulations (3)—Conclusiveness and Effect—Persons Concluded. Under a stipulation between parties to an appeal in an action to recover the value of corporate stock that, in case the supreme court should hold plaintiff entitled to a money judgment, then no question shall be raised as to the amount of the money judgment rendered by the trial court, the appellant is concluded from urging on appeal that the stock had no value.</p> <p>Corporations (172)—Property and Conveyances—Disposal of Corporate Assets. A transfer of all the property of a corporation by its officers and some of its stockholders to a trustee to be by him transferred to a new corporation on its organization would not defeat the right of dissenting or omitted stockholders to sue the purchasing company for the value of the stock.</p>