258 P. 1028 | Wash. | 1927
The appellant Olympia Veneer Company is a corporation, organized under the laws of the state of Washington. The respondent Nichols is a stockholder of the appellant. She instituted the present action to recover dividends which she claimed to be due upon her stock, alleging the amount due to be $776. The appellant, in its answer, admitted that the respondent's stock had earned in dividends, during the period covered by her complaint, the sum of $751.50, but pleaded as counterclaim thereto four separate items. The first two were paid upon judgments obtained against the appellant in actions brought by the respondent. The third was a sum paid after an action had been instituted, but before a judgment thereon had been entered. The fourth was for sums paid the respondent prior to the institution of any of the actions mentioned. *60
The court allowed the appellant to counterclaim for the amount of the third item, but denied it as to each of the other three.
In this court, the appellant questions that part of the judgment of the trial court which denied it the right to counterclaim for the three items mentioned.
The judgments, representing the first two of the items, were based on claims similar in nature to other claims which this court subsequently determined to be unfounded. Nichols v.Olympia Veneer Co.,
With respect to the fourth item, we have had more difficulty. But the validity of the conclusion of the trial court depends upon fact rather than upon law, and an examination of the evidence has not convinced us that the trial court reached an erroneous conclusion.
The judgment is affirmed.
MACKINTOSH, C.J., MITCHELL, FRENCH, and MAIN, JJ., concur.