Lilienthal v. Wright
Washington Supreme Court
Appeal from District Court, Pierce County. Appellants brought an action to recover certain moneys advanced by them to appellee on a contract for the sale of hops, appellee having failed to perform. Appellee’s answer failed to deny all the material allegations of the complaint, but, by way of new matter, alleged performance of the contract, and, by way of counter-claim, asked for the balance of the money which would have been due on compliance with the terms of the contract.
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Appeal from District Court, Pierce County. Appellants brought an action to recover certain moneys advanced by them to appellee on a contract for the sale of hops, appellee having failed to perform. Appellee’s answer failed to deny all the material allegations of the complaint, but, by way of new matter, alleged performance of the contract, and, by way of counter-claim, asked for the balance of the money which would have been due on compliance with the terms of the contract. On the 28th day of February, 1888, appellants moved for judgment on the pleadings, on the ground that the new matter…
1Opinion of the Court
The opinion of the court was delivered by
Anders, O. J.
During the progress of the trial of this cause in the court below, judgment was rendered upon the pleadings in favor of appellants. Subsequently, and at the same term of the district court, the judgment was set aside and defendant permitted to file an amended answer.
From the order of the court below vacating said judgment, the plaintiffs appeal to this court.
Appellee moves to dismiss the appeal mainly on the ground that the order appealed from was not final and hence not appealable.
We are all agreed that the decided weight of authority is…
2Cases cited1 opinion
- Brown v. EdgertonNebraska Supreme Court · 1883
3Cited by21 opinions
- Freeman v. AmbroseWashington Supreme Court · 1895
- Nelson v. DennyWashington Supreme Court · 1901
- Short v. SkipwithU.S. Circuit Court for the District of Virginia · 1806
- Greene v. WilliamsWashington Supreme Court · 1893
- Alexander v. MorrisCourt of Appeals of Virginia · 1801
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