Johnson v. Puget Mill Co.

Citations

• 28 Wash. 515
• 68 P. 867
• 1902 Wash. LEXIS 514

Syllabus

<p>VENDOR AND PURCHASER-CONTRACT OF SALE-PART PERFORMANCE-RECOVERY OF PAYMENTS MADE.</p> <p>An oral contract for the sale of real estate cannot he avoided by the purchaser, and an action for money had and received maintained for the recovery of an installment of the purchase price paid, where the purchaser had been put in possession upon payment of a portion of the purchase price, thus constituting such part performance as would take the contract out of the statute of frauds and render it enforcible at the suit of either party.</p>