Abbott v. Kline

Citations

• 33 Wash. 686
• 74 P. 1014
• 1904 Wash. LEXIS 298

Syllabus

<p>Subscriptions—Contract por Railway Subsidy—Construction—-INDEEINITENESS-COMPLAINT-SUEEICIENCY. A Complaint to recover a subscription to aid in the construction of a railway does not state sufficient facts to constitute a cause of action when the same is based upon correspondence set out in the complaint from which it appears that there was no part performance, the line having been already located to run near the defendant’s land, pursuant to an undisclosed oral conversation, and no binding agreement had been made, and plaintiff left it to defendant to do whatever he thought proper, while the defendant wrote he would be willing to aid to the extent that others did, and would decide later if he could pay cash or give land, explaining that the 'land was under mortgage and he could not give title; such contract being too indefinite and uncertain to sustain an action.</p>