Coleman v. Larson

Citations

• 49 Wash. 321
• 95 P. 262
• 1908 Wash. LEXIS 578

Syllabus

<p>Specific Performance — Gifts—Promise to Convey Land — Acceptance by Acting Upon. A letter written to a brother in California asking “if he would be willing to make” his home with the writer in consideration of a deed of her home in Washington, supplemented by another setting forth the serious illness of the donor and urging him to come to her for the purpose of settling up her affairs, and which was accepted by letter as a gift on the conditions named, is a promise to make a gift which will be specifically enforced, when acted upon by the donee, with possession taken, and material changes made in his condition on the faith thereof.</p> <p>Same — Intent of Donor — Evidence. The fact that, after the arrival of the brother, the donor made him a deed of a portion only of the property, and attempted to sell the balance against his protests, would not show that she only intended to promise to give him part of the two lots on which the house was situated, where the entire lots were described in the first offer.</p> <p>Same — Estoppel—Accord and Satisfaction. In such a case, the donee would not be estopped to assert his right to specific performance as to the whole tract, as against the donor’s executor, by the acceptance and recording of a deed of part of the tract, delivered by the executor after the death of the donor, the donee having had no previous knowledge of such deed, and not accepting the same as a full settlement.</p>