Griggs v. Gower

Citations

• 29 Wash. 86
• 69 P. 745
• 1902 Wash. LEXIS 558

Syllabus

<p>CONTRACTS — CONSTRUCTION — REIMBURSEMENT TOR MONEYS ADVANCED— PARTITION — RIGHT TO LIEN — PERSONAL JUDGMENT.</p> <p>Action by plaintiffs for tbe partition of land, an undivided balf of which they held in trust for defendant, and to have a lien declared on defendant’s share for money advanced and for the sale of his share to satisfy the lien. Owing to legal complications with a third party, defendant had conveyed a tract of land t'o plaintiffs, who were to pay $14,000 for one-half thereof and hold an undivided half in trust for the grantor, agreeing to survey and plat the land into lots within fifty days, which should be sold as soon as possible at a minimum price of $300 each, and from the sums realized thereby expenses were to be first paid and the balance divided between grantor and grantees. Subsequently, in compromise of the suit by said third party, the plaintiffs, at defendant’s request, advanced the sum of $25,000, which left plaintiff at the time indebted to them in the sum of $17,000, whereupon the original agreement was so modified as to permit plaintiffs to retain the share of the proceeds of sales belonging to defendant until they should have been fully reimbursed for the advances made by them, and were to look for reimbursement to such fund alone. Shortly after this agreement was entered into the real estate market became inactive and it was impossible to sell the lots at the price agreed upon, but defendant refused to lower such selling price. There was no time expressed when the agreement should terminate and a settlement be made, but there was a provision that $2,500 per year should be paid to defendant for two years, or a proportionate part thereof should the suit against him be determined before the expiration of two years, upon which event defendant was entitled to demand a re-conveyance of an undivided half of the property remaining unsold.</p> <p>Held, that it was within the contemplation of the parties that the lots would be sold within a re