Fimian v. Guy F. Atkinson Co.

Hawkins, Justice.

These cases are before this court by writs of certiorari from the Court of Appeals. In each the Court of Appeals had two entirely independent matters before it, one being an amended motion for new trial, in which the trial court was reversed and a new trial ordered because of the admission and exclusion of certain evidence (no review being sought as to this matter, since it is not of gravity and importance); and the other being the defendants’ exceptions pendente lite to the sustaining of the plaintiffs’ demurrer to the defendants’ plea of the Washington statute of frauds.…