Case v. Perrigo

Citations

• 47 Wash. 675
• 92 P. 432
• 1907 Wash. LEXIS 834

Syllabus

<p>Frauds, Statute of—Sale of Real Property—Part Performance —Sufficiency—Specific Performance. There is no such substantial performance of an oral contract for the sale of land as to take the same out of the operation of the statute of frauds, where it appears that the vendee was to discharge a mortgage and give a second mortgage within ten days, which he neglected to do, except to pay interest and a small part of the principal and taxes for several years, that he cut timber on the land without the owner’s consent, receiving net profits sufficient to discharge the mortgage, and that after seven years he took possession by stealth without the owner’s consent, after deed made to another; since the vendee is not in a position to demand specific performance.</p>