Thill v. Johnston

Citations

• 60 Wash. 393
• 111 P. 225
• 1910 Wash. LEXIS 1054

Syllabus

<p>Specific Performance — Certainty—Logs and Logging — Sale of Timber — Time for Removal. A land and timber contract is sufficiently certain, as fixing tbe time for tbe removal of timber at tbe end of eight years, to authorize specific performance thereof, where the clause giving the grantee of the timber six years for removal is immediately followed by a provision that the owner of the land is not to clear the lands among the merchantable fir and cedar timber until after six years, and that all timber on said premises at the end of eight years from date shall revert to the owners of the land.</p> <p>Frauds, Statute of — Interest in Land — Sale of Timber. An oral agreement abrogating a written contract for standing timber is void, as it involves an interest in land which must be in writing.</p> <p>Frauds, Statute of — Interest in Land — Part Performance — ■ Payment. Payment of the consideration of an oral contract for an interest in land is not such a part performance as to take the case out of the operation of the statute of frauds.</p>