Preston v. Hill-Wilson Shingle Co.

Citations

• 50 Wash. 377
• 97 P. 293
• 1908 Wash. LEXIS 741

Syllabus

<p>Witnesses — Competency—Transaction with Deceased. In an action to enjoin the removal of timber sold by plaintiff to one M., who sold the same to defendants, brought after the death of M., the plaintiff is incompetent to testify to the transaction between himself and M. upon an issue as to the terms of the contract, under Bal. Code, § 5991, prohibiting testimony by a party in interest as to transactions had with a deceased person.</p> <p>Contracts— Reformation — Mistake — Evidence — Sufficiency. Where a written contract for the sale of timber omitted to specify any time for its removal, reformation of the same is warranted where the only evidence as to the agreement of the parties on this point was that of the scrivener who reduced the contract to writing, and he testified that the parties agreed to give ten years for the removal of‘the timber, but that by mistake he omitted to insert that clause in the writing.</p> <p>Same — Relief Granted — Judgment. Where, in an action to' enjoin the removal of timber, defendant establishes his right to have the contract reformed to include a clause, omitted by mistake, giving him ten years in which to remove the same (two years of which has not yet expired) it is error to enter judgment requiring removal of the timber within a reasonable time after notice, as in the case of a contract failing to specify any time; but the contract should be reformed, requiring removal at any time within the period agreed upon.</p>