Koschnitzky v. Hammond Lumber Co.

Citations

• 57 Wash. 320
• 106 P. 900
• 1910 Wash. LEXIS 750

Syllabus

<p>Frauds, Statute of — Oral Lease — Part Performance. An unacknowledged lease for a logging right of way, for a period of ten years, for a small annual rental, is taken out of the operation of the statute of frauds by part performance, where the lessee went into possession, built its road at a cost of $40,000, and complied 'with a contemporaneous agreement (which was the consideration for the lease) by clearing the land and a stream, and building fences and a bridge, involving the expenditure of a large amount of money, and increasing the rental value of the land.</p> <p>Appeal — -Review—Right to Allege Error — Cross-Appeal—Necessity. In the' absence of a cross-appeal, the respondent cannot complain of the action of the lower court in denying its prayer for specific performance, and thereby obtain, on the adverse party’s appeal, a more favorable judgment than it obtained below.</p>