Donahue v. Haskamp

Citations

• 109 Wash. 562
• 187 P. 346
• 1920 Wash. LEXIS 932

Syllabus

<p>.Records (3)—Recording Written Instruments—Notice. The recording of an agent’s contract for a share in the profits of lands purchased is notice to subsequent purchasers of his rights.</p> <p>Equity (38)—Maxims—Clean Hands. A conveyance of land with notice of defendant’s rights therein so that his interests were not affected is not a fraud that would defeat plaintiff’s right to equitable relief.</p> <p>Joint Adventures—Profit Sharing in Purchase of Lands. A joint adventure, and not a partnership, is constituted by an agreement whereby defendant employed plaintiff as agent in purchasing timber land, the plaintiff to receive a certain per cent of the net profits and to share the same proportion of the losses, where there was no mutual agency and the control of the lands purchased was entirely in the defendant.</p> <p>Same—Rights of Parties—Termination. In such a case, where, owing to the war, it was impossible to dispose of the lands at a profit, it would be unconscionable to.hold the property indefinitely; and the purchases having been made and the capital invested, plaintiff should be given one year to dispose of the property and account for the proceeds in accordance with the contract, at the end of which time it will be deemed performed and the undertaking terminated. s</p>