Bemis v. Meyer

Citations

• 119 Wash. 599
• 206 P. 566
• 1922 Wash. LEXIS 848

Syllabus

<p>Frauds, Statute of (49) — Part Performance — Improvements and Taking Possession. A parol partition of lands held jointly by tenants in common is not established, under the statute of frauds, where there was no taking of possession in severalty or the making of permanent improvements.</p> <p>Evidence (99, 148) — Self-serving Declarations — To Vary Writing — Contract for Sale of Land. Where co-owners of a tract each listed his interest with a broker for sale at a certain price and neither party had knowledge of the listing by the other, the listing prices were merely self-serving declarations as to the value, and insufficient to overcome a contract reciting that they were equally interested in the contract of sale made by the broker.</p> <p>Tenancy in Common (1-1) — Severance—Agreement For. Where tenants in common, after severally listing their interests with the same agent, at different prices, entered into a written agreement that they were jointly and equally interested in the sale of the tract, the agreement overcomes indefinite and unsatisfactory evidence of a parol partition between them.</p> <p>Same (11) — Mutual Rights — Estoppel Between Co-tenants. In an action between tenants in common for an accounting of the purchase price received on the sale of the tract, a tenant who induced the purchaser to make payment of the remainder of the funds to him in violation of the terms of the contract requiring the same to be paid to the escrow holder, cannot complain of a judgment awarding his co-tenant a lien on the land for the whole amount due him.</p>