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· 1/6/1919

Raymond v. Hattrick

Citations

  • 104 Wash. 619
  • 177 P. 640

Syllabus

<p>Specific! Performance (24-1) — -Frauds, Statute of (46) — Gift of Land — Part Performance. An oral promise to make a gift of land accepted by the promisee, who enters into possession and makes valuable improvements, will be specifically enforced, the making of the improvements being equivalent in equity to an actual consideration and sufficient part performance to take the case out of the operation of the statute of frauds.</p> <p>Same (38) — Limitation of Actions (38, 44) — Demand. Limitations against an action to specifically enforce a promise to make a gift of land to a son-in-law and daughter, in consideration of living upon the land and the making of improvements, does not begin to run until demand for performance and refusal, in view of the intimate relations of the parties and the fact that there was no time fixed for performance or notice of breach.</p>

Judges: Chadwick, MacKintosh, Main, Mitchell, Tolman

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