Jordan v. Coulter

Citations

• 30 Wash. 116
• 70 P. 257
• 1902 Wash. LEXIS 656

Syllabus

<p>PLEADINGS —ACTION ON WRITTEN CONTRACT — PRIOR NEGOTIATIONS —IRRELEVANCY.</p> <p>Paragraphs of a pleading containing' averments relating to certain alleged oral conversations and agreements between the parties to an action were properly stricken as immaterial, where the pleading itself set up a written agreement subsequently entered into concerning the same subject-matter as the alleged previous oral agreement.</p> <p>FINDINGS OF COURT — SUFFICIENCY OF EVIDENCE.</p> <p>Where the testimony is conflicting and the preponderance is not clearly against the findings of the trial court, the supreme court will not interfere on appeal.</p> <p>SPECIFIC PERFOBMANCE-UNPERFORMED CONDITIONS. •</p> <p>Specific performance of a contract will not be enforced where any of its conditions remain unperformed on the part of the one asking enforcement.</p> <p>CANCELLATION OF INSTRUMENT-EQUITABLE JURISDICTION.</p> <p>Where defendant set up a contract and asked its specific performance, by way of cross complaint to an action against him for conversion, the court is warranted in decreeing a cancellation of the contract when it appears to be nonenforceable, although plaintiff did not ask for such relief, under the rule that, when equitable jurisdiction attaches for any purpose, it extends to the whole controversy.</p>