Maitland v. Zanga

Citations

• 14 Wash. 92
• 44 P. 117
• 1896 Wash. LEXIS 315

Syllabus

<p>LIMITATION OP ACTIONS — EXECUTORY CONTRACT — DEMAND — TRIAL-ADMISSION OP INCOMPETENT EVIDENCE-JUDGE AS WITNESS — PLEADING AND PROOP — ILLEGALITY OP CONTRACT.</p> <p>An agreement to convey land being an executory contract, the statute of limitations will not begin to run as a bar to action thereon, until after a breach of the contract.</p> <p>A demand upon the obligor in a contract for the conveyance of land to execute a deed to a third person for the benefit of the obligee in the contract is substantially a demand for the execution of the contract according to its terms.</p> <p>Error in the admission of incompetent testimony on cross-examination will not be considered by the appellate court when the record does not contain the direct testimony upon which the cross-examination was based.</p> <p>It is error for a judge presiding at the trial of a cause to testify therein, over the objection of a party.</p> <p>Evidence to establish the illegality of a contract upon which an action is founded, cannot be introduced by a defendant who has not put the matter in issue by pleading it.</p>