Huston v. Harrington

Citations

• 58 Wash. 51
• 107 P. 874
• 1910 Wash. LEXIS 887

Syllabus

<p>Specific Performance—Contracts—Uncertainty—Principal- and Agent. A contract whereby defendant agreed to sell certain corporate stock to the plaintiff, or to whomsoever he may direct, for the sum of not less than $30,000 and as much more as it may be sold for to any other person than the plaintiff, is one of agency, in which the price is left uncertain where no sale was made to a third person, and therefore cannot be specifically enforced.</p> <p>Same—Contracts—Confidential Relation. A contract by defendant to sell to plaintiff certain corporate stock will not be specifically enforced where the plaintiff was acting as defendant’s confidential agent in sole charge of the business, and failed to fully inform the defendant of the condition of the property and of an increase in its rental value, and part of the tender to defendant was from money belonging to the corporation paid in advance upon such increased rentals.</p>