Herren v. Herren

Citations

• 118 Wash. 56
• 203 P. 34
• 1921 Wash. LEXIS 943

Syllabus

<p>Appeal (452) — Review—Harmless Error Not Affecting Trial de Novo. On trial de novo, tbe supreme court will consider evidence erroneously excluded and disregard evidence erroneously admitted.</p> <p>Trusts (19) — Resulting Trust — Evidence—Sufficiency. Where one brother took title to farming property in his own name, no resulting trust in favor of another brother to an undivided half interest was created, where there was no evidence of the latter’s having furnished one-half of the purchase money from his own funds or property.</p> <p>Specific Performance (16-1, 17) — Contracts Enforceable — Oral Agreement to Convey 'Land — Possession as Part Performance. Part performance of an oral contract to convey land is not established by evidence that a son had been given possession of the property, merely from the fact that such son had remained on the property with his parents and worked it since majority, since that would constitute no change of possession, constructive or otherwise.</p> <p>Frauds, Statute of (42) — Specific Performance (51) — Oral Agreement to Convey Land — Evidence—Sufficiency. An oral agreement to convey land, partly performed, need not be shown by proof that removes all uncertainty, but it is sufficient if, from the whole evidence, even if conflicting, the contract can be determined with reasonable certainty.</p> <p>Husband and Wife (64, 67) — Community Property — Conveyance or Sale by Husband. An oral promise by one spouse to convey property cannot be enforced against the other spouse who did not join therein.</p> <p>Specific Performance (24-1, 28) — Gifts—Oral Promise to Convey Land — Performance by Plaintiff — Evidence — Sufficiency. Where a father had deeded one of his sons an undivided one-half interest in the home farm, which was community property, in which deed the mother admits she would have been willing to join had she been requested, and the evidence shows the son had worked and managed the place since attaining majority with that understa