Broadway Hospital & Sanitarium v. Decker

Citations

• 47 Wash. 586
• 92 P. 445
• 1907 Wash. LEXIS 816

Syllabus

<p>• Frauds, Statute of—Sale of Lands—Memorandum of Sale— Sufficiency. A statement in a receipt for rent agreeing to give the tenants the “option on buying for $12,000,” is not a sufficient memorandum of a sale to take the same out of the operation of the statute of frauds, where the property is described as “House 322, Broadway,” without reference to state, county or city, and where there was no statement of the consideration for the option, or of its duration.</p> <p>Same—-Parol Evidence. Parol evidence is inadmissible to supply defects in the description of property for the purpose of taking the contract out of the operation of the statute of frauds, where it contained no indicia by reference to which the identity of the premises could be identified, and the description might apply to any city.</p> <p>Same—Memorandum of Sale—Separate Writings—Sufficiency. Where a receipt for rent, given to the promoter of a corporation, contained also an insufficient agreement for an option, which failed to describe the property or the terms of the option, a subsequent formal lease to the corporation cannot be considered in connection with the option so as to take the case out of the operation of the statute of frauds, where the face of the writings bore no relation to each other, there being no mention of the option in the lease or of the lessee’s connection therewith.</p> <p>Same—Part Performance—Possession Under a Lease. One in possession under a written lease cannot urge the possession and the making of improvements as a part performance of an oral agreement for a conveyance to take the case out of the operation of the statute of frauds.</p>