Troutman v. Polhill

Citations

• 79 Wash. 390
• 140 P. 319
• 1914 Wash. LEXIS 1170

Syllabus

<p>Accounting— Defenses — Laches. An action for an accounting upon a grub-stake contract for prospecting in Alaska is barred by the laches of the plaintiff, where the action was not commenced until thirteen years after the contract was made, and eight years after the defendant had finally left the country, he being ignorant of the fact that the contract was made by plaintiff’s husband in her name.</p> <p>Mines and. Minerals — Grub-Stake Contract — Construction. A grub-stake contract entitling plaintiff to share in all proceeds derived from defendant’s prospecting and mining in Alaska as long as he remains there, is a continuing contract having reference to net proceeds; and creates no liability for earnings brought out and reinvested for another outfit which was lost on continuing the venture.</p>