Towner v. Blue

Citations

• 59 Wash. 164
• 109 P. 601
• 1910 Wash. LEXIS 1156

Syllabus

<p>Specific Performance — Frauds, Statute of — Part Performance — Diligence—Evidence—Sufficiency. There is no such part performance of an oral contract for the purchase of land as to take the case out of the operation of the statute of frauds and entitle a vendee to specific performance, when the testimony in relation to the contract is uncertain and misty, and it appears that the vendees were not diligent in their performance of the contract, the vendees having failed to pay as agreed, but continuing to pay rent for two years and eight months, and having stated that they were unable to make the purchase.</p>