Dew v. Pearson

Citations

• 73 Wash. 602
• 132 P. 412
• 1913 Wash. LEXIS 1644

Syllabus

<p>Parties — Capacity to Sms — Partners—Breach of Contract. A complaint for damages for breach of a contract made by a partnership, brought by only one member of the firm, is not demurrable for “want of capacity to sue,” where such partner was under no legal disability; since he could sue in his own right, if the other party was estopped to deny that he had taken over the contract, or if his partners in the contract refused to join as plaintiffs.</p> <p>Partnership — Actions—Defect of Parties Plaintiff — Action on Contract — Effect of Dissolution. A complaint for damages for breach of a contract made by a partnership, brought by only one member of the firm, is demurrable for defect of parties plaintiff, where it did not allege a transfer of the contract to him, or an assent to its assumption by him individually, nor notice that he was undertaking its performance individually, but merely alleged that the other partners had notified defendant that they had withdrawn from the partnership; since a dissolution does not relieve partners from existing obligations and no substitution was alleged.</p> <p>Logs and Logging — Contract for Sale and Removal — Construction — Performance or Breach. A contract fbr the sale of timber providing that the balance due, $4,700, shall be paid on or before the expiration of six months, is not to be construed as giving a longer, time, nor as waiving the owner’s right to claim a lien on timber cut after the expiration of six months and default in payment, by reason of a further provision in the contract that payments were to be made as follows, $4, stumpage per thousand feet as removed until the debt of $4,700 and interest is fully paid, with the right to cut and remove timber not to extend beyond eighteen months, and with the right to use waterways not to extend beyond thirty months.</p>