State ex rel. Faucett v. Mackintosh

Citations

• 99 Wash. 341
• 169 P. 831

Syllabus

<p>Appeal—Decision—Proceedings After Remand—Effect of Decisions. Where in an action to cancel a contract in which the defendant filed a cross-complaint for specific performance of the agreement, which was for a lease with an option for an extension and for purchase of the property, the supreme court reversed a judgment for plaintiff, unless fraud could be proven, and upon a second appeal, found that fraud was not proven, and directed judgment accordingly, the defendant is entitled to judgment for specific performance; and the lower court will, after remand, be required to enter such judgment giving the defendant the right to purchase the premises; and the same is not open to the objection that it would be the making of a new contract, as the original contract was clearly to that effect.</p>