Davies v. Cheadle

Citations

• 31 Wash. 168
• 71 P. 728
• 1903 Wash. LEXIS 600

Syllabus

<p>QUIETING TITLE-POSSESSION UNDER ORAL CONTRACT TO DEVISE-SUFFICIENCY OF COMPLAINT.</p> <p>In an action to enforce a contract for a conveyance of land and quiet title thereunder, the complaint states a cause of action when it sets up an oral agreement for the devise of land to plaintiff in consideration of the care of the grantor in his lifetime; that plaintiff was put in possession of the land under said agreement and is still in possession thereunder; that the grantor failed to convey or devise said land to her; that she fully performed and discharged her obligations under the contract by caring for the grantor until his death; and that nothing remains undone to fully execute the contract except a formal conveyance of the legal title.</p> <p>SAME EQUITY — RELIEF WARRANTED BY FACTS ESTABLISHED.</p> <p>Under such circumstances, the facts alleged showed a case for specific performance, but, the jurisdiction of a court of equity having attached, the court was warranted in decreeing that title be quieted, inasmuch as the action was brought by one in possession and having the equitable title against the heirs of the intestate, and such relief is the equivalent of specific performance.</p> <p>APPEAL-RECITALS IN RECORD-CONTRADICTION BY AFFIDAVIT.</p> <p>Where the record recites that parties were present in person and by attorney at the time the court’s findings of fact were signed, such recital cannot be contradicted by affidavits.</p> <p>ADMISSION OF EVIDENCE IN EQUITY ACTION-HARMLESS ERROR.</p> <p>Error in the admission of testimony will not warrant a reversal of a cause of equitable cognizance, which is triable He novo on appeal, if there is sufficient competent evidence to sustain the lower court’s findings and judgment.</p> <p>SPECIFIC PERFORMANCE-ADMISSIBILITY OF EVIDENCE.</p> <p>Where it is sought to establish an oral contract between parties, the unilateral written agreement of one of them! is admissible in evidence as a declaration on his part concerning the sub