Johnson v. Upper

Citations

• 38 Wash. 693
• 80 P. 801
• 1905 Wash. LEXIS 1233

Syllabus

<p>Frauds, Statute of—Contract Not to be. Performed Within One Year—Part Performance—Sufficiency—No Damages Irrespective of Fraud. Where the plaintiff verbally agreed to care for defendant’s farm and stock for a term of five years, sharing the profits, the fact that plaintiff entered and resided upon the premises for five months, and that defendant furnished a part of the stock agreed upon, does not take the contract out of the operation of the statute of frauds, in the absence of any showing by the plaintiff of damages by reason of improvements or money or labor expended or altered condition of the parties; since the doctrine of part performance is an equitable doctrine, resting upon the ground of fraud; and a demurrer is properly sustained to a, complaint for estimated damages for loss of profits during the whole term.</p>