Thompson-Spencer Co. v. Thompson

Citations

• 49 Wash. 170
• 94 P. 935
• 1908 Wash. LEXIS 546

Syllabus

<p>Quieting Title — Evidence—Sufficiency—Defenses—Stipulated Damages — Partnership — Dissolution — Effect of Stipulation. Where copartners dissolved partnership and formed a corporation, agreeing to convey all their real estate to it in consideration of stock, but in the conveyance a certain tract was omitted because of pending negotiations for its sale or trade to a third party, which however was never consummated, the corporation is entitled to have its title quieted as against such third person and a retiring partner who had made a quitclaim deed thereof to such third party with full knowledge of the facts; and the fact that the copartners, upon dissolving partnership and transferring the interest of one to the other, had agreed upon stipulated damages for breach of the terms of their dissolution agreement, would have no effect upon the corporation’s right to relief.</p>