Gates v. Herr

Citations

• 102 Wash. 131
• 172 P. 912
• 1918 Wash. LEXIS 925

Syllabus

<p>Pleading—Exhibits—Demand. A motion for an order requiring defendants to furnish a copy of a written contract pleaded hy them, is a sufficient “demand in writing” as required by Rem. Code, § 284, and is “upon notice,” within Id., § 1262.</p> <p>Executors and Administrators—Contracts—Consideration. An executory agreement by an executor to buy from himself, in his trust capacity, a half interest in certain property and apply the proceeds to the payment of a legatee, who had no interest in the property, is not enforcible as a claim against the executor, where the contract was wholly unperformed through the refusal of the court to order the sale, and the property was subsequently sold by the successor of the executor, who never received any interest in it; since there was no benefit to the promisor and no detriment to the promisee.</p> <p>Same. An executor’s conditional promise to pay a legacy if the court would by its order legalize a sale by himself as executor to himself, is not enforcible as an executor’s promise to pay a legacy from an estate possessed of sufficient assets, where the court did not make the order.</p> <p>Contracts—Consideration—Seal. The presumption of consideration for a contract under seal'is rebuttable.</p>