5 Wash. 681 | Wash. | 1893
The opinion of the court was delivered by
Plaintiff brought ah action for money had and received. The proof introduced showed that the liability of the defendant, if any, did not arise at all on account of any money which had come into his possession under such circumstances as would authorize a recovery therefor, as for money had and received for the use of plaintiff. On the contrary, such proof showed that the liability of the defendant to the plaintiff grew out of an al
Plaintiff geeks to avoid the effect of that decision by showing that her real cause of action is disclosed by the answer and reply, and that she ought to be allowed to recover on that account. We cannot sustain this contention. A plaintiff cannot allege one cause of action in his complaint and then, by means of a reply, recover upon an entirely different cause of action.
The judgment must be reversed, and the cause remanded with instructions to sustain the motion of the defendant for a non-suit.