Dishman v. Huetter

Citations

• 41 Wash. 626
• 84 P. 590
• 1906 Wash. LEXIS 1024

Syllabus

<p>Contract — Breach—Rescission—Findings—Suiticiency to Strppobt Judgment. Where the main consideration for the leasing of a quarry was an agreement by the lessors not to engage in the business of quarrying or selling rock within a specified territory, findings by the court to the effect that there was a violation of this agreement would be sufficient to support a judgment releasing the lessee from further obligation to perform the contract upon his part; and the fact that one of the findings erroneously states the foregoing agreement to he the sole consideration for the lease is immaterial.</p> <p>Same — Rescission—Pleading and Peooe — Recovery for Mistake Not Alleged. In such a case, upon breach of the contract by the lessors and a rescission of the same by the lessee, the lessors could not recover, in an action brought upon the contract, the value of rock removed by the lessee by mistake after the rescission, in the absence of an amendment, nor would such facts support a judgment for the value of the rock removed by mistake, in the absence of any evidence or findings as to such value.</p>