Adams v. Canutt

Citations

• 66 Wash. 422
• 119 P. 865
• 1912 Wash. LEXIS 781

Syllabus

<p>Specific Performance — Complaint—Sufficiency. A general allegation in a complaint for specific performance that the plaintiffs have performed all of the agreements on their part to he performed, is sufficient, as against a general demurrer, to show that specific provisions of the contract had been complied with.</p> <p>Evidence — Judicial Notice. The courts take judicial notice of the rules and practice of the Interior Department.</p> <p>Trusts — Agreements—Construction — Duty of Trustee — Specific Performance. Under the rule of liberal construction of trust agreements -to effectuate the intent of the parties, where an assignment of a state land contract to a bank as trustee authorized the state to receive from the bank the performance of the contract, the trustee to receive the deed from the state when the parties shall have made full payment, and to execute deeds of different portions of the lands to the respective parties interested in the trust, it is immaterial whether the parties make payment for the lands direct to the state or to the bank; and upon payments to the bank as trustee, it is the duty of the trustee to perform the state contract, receive the state deeds and fully execute the trust; and the bank cannot defeat specific performance on the theory that it acted only as agent in receiving the money.</p> <p>Trusts — Agreement—Ambiguity—Evidence—Parol Evidence to Explain Writing. In such a case, the trust being admitted, parol evidence is admissible to make certain any of the uncertain, incomplete, or ambiguous terms of the assignment to the trustee; and the oral agreement of the trustee to make payments to the state, upon payment to it, does not contradict the terms of the trust.</p> <p>Specific Performance — Defenses—Pleading. In an action for specific performance, in which the complaint alleged performance by the plaintiff of all the conditions of the contract upon its part to be performed, nonperformance of conditions is matter of defense, and cann