Eno v. Sanders

Citations

• 39 Wash. 238
• 81 P. 696
• 1905 Wash. LEXIS 850

Syllabus

<p>Appeal—Review—Findings—Weight oe—Evidence. Findings of the trial court in an equity case will not be disturbed on appeal where the supreme court is unable to say that the weight of the evidence is against the conclusion reached below.</p> <p>Estoppel—Laches—Delay in Bringing Suit—Increase oe Values. Mere delay, short of the statute of limitations, will not bar an action in equity to recover an interest in a mining claim that meanwhile had greatly increased in value, when the fact of plaintiff’s claims was at all times known, and there was no deceit or bad faith, and the increase in value was not due to development at the cost and risk of the defendant, but plaintiff was engaged in the development and was in a position to lose as much as the defendant in case of failure.</p>