Anderson v. Wallace Lumber & Manufacturing Co.

Citations

• 30 Wash. 147
• 70 P. 247
• 1902 Wash. LEXIS 660

Syllabus

<p>CONTRACT FOR SALE OF LAND-FORM.</p> <p>A contract for tbe conveyance of land, in order to be enforceable in equity, need not be executed and acknowledged with, all the solemnity of a conveyance, inasmuch as agreements to convey do not come within the- terms of Bai. Code, §§ 4517, 4518, which prescribe that all conveyances of real estate and all contracts creating or evidencing any incumbrance thereon shail be by deed, and that such deed shall be signed and acknowledged.</p> <p>SAME-MUTUALITY OF AGREEMENT-SIGNATURE OF VENDEE.</p> <p>Where a contract for the conveyance of land, though purporting to he a mutual agreement, was signed by the vendor only, hut had been drawn up on the letter head of the vendee by its secre tary, who wrote the vendee’s name in the body of the instrument, and gave the vendor a letter to the president of the vendee company, signed by the secretary, reguesting the payment of the balance of the purchase price to the vendor in fulfillment of the contract, the memorandum of sale must he held as showing a binding obligation as to both parties.</p> <p>CORPORATIONS — AUTHORITY OF OFFICERS.</p> <p>When a corporation permits certain officers to manage its business, it is responsible for their acts, even in the absence of the action of the hoard of trustees, unless it is affirmatively shown that their acts were unauthorized.</p> <p>SPECIFIC PERFORMANCE BY VENDOR-ENFORCEMENT OF PURCHASE PRICE.</p> <p>Specific performance of a contract for the sale of land is enforceable against the vendee by suit in eguity for enforcement of the purchase price by collection of the money from any of defendants property, or by order of sale as upon execution.</p>