Ingram v. Golden Tunnel Mining Co.

Citations

• 25 Wash. 318
• 65 P. 549
• 1901 Wash. LEXIS 395

Syllabus

<p>TRIAL — ADMISSION OF IMMATERIAL EVIDENCE-HARMLESS ERROR.</p> <p>Error of the court in admitting evidence is Harmless, in an equitable cause which is triable cíe novo on appeal, unless it can be shown that the judgment is founded upon immaterial evidence and findings based thereon, or that appellant has been subjected to onerous and unnecessary costs by reason thereof, and that he has been refused relief by the trial court.</p> <p>FORFEITURE-WHO MAY DECLARE-CONTRACT TO CONVEY.</p> <p>Where ¿f contract for the sale of a group of mining claims is executed by two of the three owners thereof, agreeing to execute a deed for the whole interest and deposit the same in escrow until the completion of payment of all installments of the purchase price, and placing the purchasers immediately in possession with the right to work the claims, the deposit by the purchasers of the first installment of purchase price, with instructions not to pay same over until a deed executed by all the owners should be placed in escrow with the holder of the money, would not give the two parties who contracted to sell the claims the right to declare a forfeiture of the contract, so far as the same related to their interests in the claims.</p> <p>SAME-ENFORCEMENT-PERFORMANCE BY PARTY ASKING.</p> <p>A forfeiture cannot be enforced oy one party to a contract, until be shows that he has performed all of the conditions therein to be performed on his part.</p>