Cannon Hill Co. v. Moore

Citations

• 100 Wash. 247
• 170 P. 551
• 1918 Wash. LEXIS 713

Syllabus

<p>Contracts—Construction—Personal Liability. Under a contract providing that the plaintiff, as selling agent, should be “reimbursed” out of the proceeds of the sales of lots for improvement charges, and if not so paid, that the amount expended should be chargeable against the defendants’ lots, the plaintiff is not entitled to a personal judgment in the amount of the expenses, when the proceeds of the sales failed to pay the same.</p> <p>Liens—Redemption—Contract Right. In such a case, the clause in the contract giving the defendants the option to take unsold lots upon paying the plaintiff the improvement charges,- extended to the defendants the mere privilege to be exercised under the contract, and upon foreclosing the equitable lien for the charges, it is error to decree to the defendants the right of redemption, there being no statute authorizing the same.</p> <p>Costs—Allowance—Discretion. It is discretionary to deny costs to either party where the decree fixes the rights of the parties according to equity and not according to the contentions of either party.</p>