Templeton v. Warner

Citations

• 89 Wash. 584
• 154 P. 1081
• 1916 Wash. LEXIS 724

Syllabus

<p>Appeal — Time op Taking — Before or After Judgment. Where a notice of appeal, served after signing but before entry of the judgment, was not filed until after the entry, the appeal was not “taken” until after judgment.</p> <p>Specific Performance — Sale op Stock — Remedy in Damages. Specific performance of a written contract to buy stock and deliver a note in payment will not be granted in the absence of circumstances making a note indispensable; since the action is one for damages, and it is immaterial that the stock was that of a close corporation and of no value if left in the seller’s hands.</p> <p>Fraud — Representations—Opinions. Fraud as a defense to an action for breach of contract to buy stock is not established by evidence of representations which amount to mere opinions, and which the witness was not sure had ever been uttered.</p> <p>Parker, J., dissents.</p>