McKay v. Calderwood

Citations

• 37 Wash. 194
• 79 P. 629
• 1905 Wash. LEXIS 700

Syllabus

<p>Pleadings — Complaint—Demurrer—Law or Equity. A demurrer to a complaint asking equitable relief, for want of facts to state a cause in equity, is properly overruled if the- complaint states a cause of action upon any theory.</p> <p>Specific Performance — Complaint—Sufficiency—Vendor and Purchaser — Frauds, Statute of — Part Performance oe Oral Sale. A complaint for the specific performance of an oral sale of land states a good cause of action in equity where it is alleged that plaintiff entered into the possession of land under an agreement for a half interest, paid part of the purchase price by discharging outstanding claims, expended labor thereon for a term of years, adding valuable improvements thereto, paid out money to release obligations against the land, and tendered the balancei of the purchase price, since the elements of a constructive fraud are present in such part performance; and especially where it is alleged that the defendant is insolvent,’ since the plaintiff could not be replaced-in his original position or adequately compensated in damages.</p> <p>Frauds, Statute oe — Vendor and Purchaser — Part Performance of Oral Sale — Possession. The taking of a joint or divided possession, under an oral contract for the sale of an undivided one half interest in lands, is a sufficient part performance to take the same out of the operation of the statute of frauds, when coupled with payment of the purchase price, or the making of valuable improvements; nor is possession always a necessary element of part performance.</p>