Washington State Bank v. Dickson

Citations

• 35 Wash. 641
• 77 P. 1067
• 1904 Wash. LEXIS 491

Syllabus

<p>Specific Performance — Agreement to Convey Band — Defenses —Title of Defendant — Evidence—Sufficiency. In an action to compel the specific performance of an agreement to convey an undivided half interest in certain real estate, the defendant refusing to convey on the claim that be owned only a one-fourth interest, there is sufficient evidence to warrant a finding that he was the owner of a one-half interest, where it appears that originally the property was purchased at receiver’s sale on behalf of the defendant and three others, each to own a one-fourth interest, that two of the other purchasers failed to pay their shares, and the defendant and one other, in whose name the deed was taken, jointly advanced the payments, leased the property as joint owners, and represented to the plaintiff that the defendant owned a one-half interest, by which representations plaintiff was induced to enter into the contract.</p> <p>Same — Corporation as Purchaser — Defense that Officer Was Not Authorized to Purchase. In an action by a hanking corporation to compel the specific performance of a contract to convey land, there is sufficient evidence that the contract was authorized by the plaintiff where it appears that it was made by its cashier under directions of the trustees, and that the corporation assumed the burdens of the contract by assuming ownership and paying the installment of the price, and subsequently the trustees by a formal order duly ratified all of the acts.</p> <p>Same — Sale of Community Property — Acts of Husband Ratified by Wife. A specific performance of a contract to convey community property, made by the husband, may be decreed, although not signed by the wife, where she was informed of the sale, gave full consent thereto, and joined in the execution of a deed prepared to consummate the sale.</p>