Hunter v. Byron

Citations

• 92 Wash. 469
• 159 P. 703
• 1916 Wash. LEXIS 792

Syllabus

<p>Contracts — Execution — Signature — Acceptance. Defendant’s signed written contract agreeing to secure lands to be patented to the plaintiff, delivered to and accepted by plaintiff, is binding without plaintiff’s signature.</p> <p>Same — Validity — Fraud — Legality oe Object — Estoppel. Defendant’s written contract to secure patent to lands for plaintiff, reciting a paid consideration of $500 which was to be returned in case title failed, cannot be defeated by showing that it was fraudulently given to be used by plaintiff to induce other locators to mate $500 cash payments in similar contracts, while plaintiff paid out but $150 in cash, where plaintiff had no such fraudulent motive and was to and did pay the $350 balance by rendering services in securing other locators; as defendant is estopped to plead his own fraud.</p> <p>Same — Performance or Breach — Actions — Evidence. A prima facie case for the recovery of money paid on a contract is made where plaintiff produced the written contract agreeing to return $500 paid in case title failed through no fault of hers, coupled with evidence that title had failed without her fault.</p>