Killingsworth v. Keen
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Mackintosh, J., entered May 7, 1915, in favor of the plaintiff, in an action on contract, tried to the court.
1Opinion of the CourtBausman, J.
Keen, sued by his chauffeur for wrongful discharge outside of the state, sets up as a counterclaim that the chauffeur’s wife took another automobile of Keen’s out of his garage and used it “for the benefit of the marital community of the plaintiff and herself” for a period of four *598hours, during which time she damaged it. The counterclaim was to recover the value of its use as well as the cost of the repair. Plaintiff demurred to this as an attempt to set off tort against contract. Error is assigned on the lower court’s sustaining that demurrer.
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2Cases cited5 opinions
- Freeman v. City of CentraliaWashington Supreme Court · 1912
- Harris v. HalversonWashington Supreme Court · 1901
- Strom v. ToklasWashington Supreme Court · 1914
- Longfellow v. City of SeattleWashington Supreme Court · 1913
- Martin v. City of OlympiaWashington Supreme Court · 1912
3Cited by7 opinions
- Perren Ex Rel. Perren v. PressWashington Supreme Court · 1938
- Garrett v. ShannonCourt of Appeals of Arizona · 1970
- Balkema v. GrolimundWashington Supreme Court · 1916
- Anderson v. GrandyWashington Supreme Court · 1929
- Peagler v. Phoenix Newspapers, Inc.Court of Appeals of Arizona · 1976
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