Roudebush v. Gannon

Citations

• 92 Wash. 508
• 159 P. 680
• 1916 Wash. LEXIS 775

Syllabus

<p>Appeal — Review—Pleadings—Amendment. In cases tried by the court, with the whole record up on appeal, the pleadings will be deemed amended to conform to the proof.</p> <p>Contracts — Executory Contract — Proof. Oral evidence of an executory contract for support in consideration of an assignment of all interest in an estate should clearly preponderate or be clear, cogent and convincing.</p> <p>Contracts — Consideration—Executory Contract — -Performance. An assignment by a man seventy years of age of all interest in his wife’s estate in consideration of an agreement for life support was without present consideration and revocable for repudiation, where it appears that he was a drunkard to the knowledge of the assignee, who claimed the agreement was to keep him as long as he behaved himself and kept sober, and who turned him out within a week for drunkenness and refused to allow him to return, since there was no substantial performance.</p>