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· 11/9/1906

Peirce v. Wheeler

Citations

  • 44 Wash. 326
  • 87 P. 361
  • 1906 Wash. LEXIS 835

Syllabus

<p>Trial — Findings of Fact — Sufficiency and Necessity in Equitable Actions. Findings of fact and conclusions of law may be stated upon the same page, if segregated, especially in an equitable action.</p> <p>Frauds — Statute of — Sale of Lands — Memorandum—Oral Authority to Sign — Brokers—Statutes—Construction. Laws 1905, p. 110, amending the statute of frauds and requiring a contract for the employment of a broker to be in writing, does not change the rule in this state that the authority of a broker to execute a written contract for the sale of lands need not he in writing.</p> <p>Same — Memorandum of Sale — Definiteness—Specific Performance. A broker’s memorandum of sale of real estate which describes the lots, and states all the terms of payment, is sufficiently definite for specific enforcement.</p> <p>Specific Performance — Decree—Objections. It cannot be objected to a decree for the conveyance of all of defendant’s interest in certain lots, that some of the lots had, by the defendant, been previously contracted to he sold to other persons not parties to the suit; as such interests are not affected by the decree.</p>

Judges: Hadley

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