Mudgett v. Clay

Citations

• 5 Wash. 103
• 31 P. 424
• 1892 Wash. LEXIS 15

Syllabus

<p>STATUTE OF FRAUDS—PART PERFORMANCE — SPECIFIC PERFORMANCE— UNCERTAINTY OF CONTRACT — LACHES.</p> <p>Where, under a parol agreement to convey certain lots, they were taken possession of, cleared and fenced, such possession and improvement constitute a sufficient part performance of the contract to take it out of the operation of the statute of frauds.</p> <p>Specific performance of a parol agreement for the conveyance of land will not be refused because of a conflict of testimony concerning the exact terms of the contract, if, from the whole evidence in the case, the contract can be determined with reasonable certainty.</p> <p>Laches is not a defense to an action for specific performance where the evidence shows that payment of the purchase price of certain lots and the delivery of a deed therefor were to be concurrent acts, as in such case neither party can put the other in default until he himself has offered to perform.</p> <p>Where a party seeking specific performance of a contract to convey is in possession of the premises under an assertion of right, mere lapse of time is not prejudicial to his rights.</p>