Kauffman v. Baillie

Citations

• 46 Wash. 248
• 89 P. 548
• 1907 Wash. LEXIS 600

Syllabus

<p>Witnesses — Competency — Transactions With Deceased. A plaintiff claiming under a contract with a person since deceased may testify as to transactions between himself and a third person and as to services performed by him which appear to be the consideration for the contract, and the same does not fall within the statute prohibiting testimony of a transaction had with, or statements made to or by, a deceased person.</p> <p>Contracts — Delivery—Execution — Evidence —.Sufficiency. In an action upon a contract signed by and in the handwriting of a person since deceased, the contract is admissible in evidence where it shows on its face that it was for the benefit of plaintiff who had had possession of it for a long time and ever since its date, execution and delivery being presumed from such facts.</p> <p>Brokers — Contract for Profits — Time for Performance. Where lots are purchased for speculation, the vendee agreeing to pay a broker one-third of the net profits when the lots are sold, a reasonable time for sale is intended, and upon death of the vendee and repudiation of the contract by his executor, the broker may recover of the estafe one-third of the net value of the land after deducting all expenses.</p>