Konnerup v. Frandsen

Citations

• 8 Wash. 551
• 36 P. 493
• 1894 Wash. LEXIS 108

Syllabus

<p>SPECIFIC PERFORMANCE — CONTRACT BY ONE SPOUSE FOR CONVEYANCE OF COMMUNITY LAND — ESTOPPEL.</p> <p>Although a contract for the sale of community land as finally committed to writing is signed by the husband alone, yet the wife is estopped to deny her interest in the contract, when it was made by her husband at her request, with her knowledge and consent as to its terms, and she has allowed the other party to the contract to perform his part of it, and has accepted the fruits of it.</p> <p>Where an agreement for the sale of land, which is made at the request and with the full knowledge, acquiescence, consent and ratification of the vendor’s wife, recites that the vendor named in the contract is the owner of the land, the wife is estopped from setting up any title to the land.</p> <p>The fact that in an action for the specific performance of a contract to convey land the complaint contains an alternative prayer for damages in case performance can not be had, will not deprive a court of equity of jurisdiction of the action. (Morgan v. Bell, 8 Wash. 554, distinguished.)</p>