Murkowski v. Murkowski

Citations

• 61 Wash. 103
• 112 P. 92
• 1910 Wash. LEXIS 1292

Syllabus

<p>Cancellation of Instruments — Deed—Failure of Consideration —Breach of Contract — Collateral. A deed made without fraud, while the grantor was under no disability or infirmity, in consideration of a collateral contract which was in no sense an integral part of the deed, is not to he cancelled for breach of the contract; since enforcement of the contract should he sought at law.</p> <p>Same— Deed — Consideration — Collateral Contract — Mistake. Where a deed of a half interest in a blacksmith shop passed between father and son in consideration of a collateral contract for the payment to the grantor of six dollars per week, and the minds of the parties did not meet, one understanding that the money was to be paid for life, and the other only while the grantor worked in the shop, the deed and whole transaction should he set aside.</p>