PLEADING AND PRACTICE-FAILURE TO ANSWER REQUEST FOR ADMISSION OF FACTS AS BASIS FOR JUDGMENT ON THE PLEADINGS-FORM OF REQUEST FOR ADMISSION OF FACTS

Plaintiff filed a complaint for money owing for goods sold and delivered. Defendant filed a cross-complaint. Plaintiff filed an affirmative reply setting forth defenses to the cross-complaint, and three days later served defendant with a request that he "admit each and every allegation and averment contained in paragraphs I, II, III and IV of the plaintiff's affirmative reply to the cross-complaint of the defendants herein is true.'' Defendant failed to answer the request. Washington Rule of Practice 21 provides that such failure shall be deemed an admission of the facts submitted.

The trial court granted plaintiff's motion for judgment on the pleadings. On appeal, held, reversed. Matters outside the pleadings cannot be considered on a motion for judgment on the pleadings. A request for admissions must specifically set forth the matters of fact concerning which an admission of truth is sought.

A request for admissions cannot incorporate by reference affirmative allegations of a reply since they are deemed denied. Weyerhaeuser Sales Co. v. Holden, (Wash. 1949) 203 P. (2d) 685.