Sherlock v. Van Asselt

Citations

• 34 Wash. 141
• 75 P. 639
• 1904 Wash. LEXIS 325

Syllabus

<p>Vendor and Purchaser — Sale by Agent — Specific Performance — Authority of Agent — Sufficiency of Evidence — Findings — Review. In an action for tbe specific performance of an agreement to convey land, made on behalf of an aged couple by their son upon a partial payment of $100 to the son, findings in favor of the defendants will not be disturbed where the preponderance of the testimony is to the effect that the son was not authorized to make the sale, and the $100 paid was not accepted but was tendered back by the son; since findings on conflicting evidence will not be disturbed unless against the weight of the evidence.</p> <p>Same — Statute of Frauds — Possession to Take Case Out of Operation of Statute. In such a case specific performance should not be decreed where the contract was not acknowledged as required by the statute of frauds, and the plaintiffs did not enter into possession of the premises so as to take the case out of the operation of the statute.</p>