King v. Upper

Citations

• 57 Wash. 130
• 106 P. 612
• 1910 Wash. LEXIS 708

Syllabus

<p>Specific Performance — Real Estate — Oral Sale — Frauds, Statute of. Specific performance for the sale of standing timber cannot be decreed upon a written agreement placed in a bank with directions to deliver it to the plaintiff upon payment of the price, within a specified time, and to return it to the defendant after expiration of the time, where the payment was not made and the writing was returned, and the contract for the sale of the timber was oral, and the plaintiff’s evidence denied the escrow and had the effect to show that there was no escrow outside of the oral contract of sale.</p> <p>Appeal — Rehearings—New Questions. A rehearing will not be granted to consider a new question not involved on the original hearing or even referred to in the briefs on appeal.</p>