Whipple v. Lee

Citations

• 58 Wash. 253
• 108 P. 601
• 1910 Wash. LEXIS 926

Syllabus

<p>Appeal—Decisions Reviewable—Dismissal—Cessation of Controversy. An appeal from a decree of specific performance requir: ing tbe payment of a certain sum within 120 days, without any supersedeas bond being given, will not be dismissed after the expiration of the 120 days because of cessation of the controversy, where the appellant claims that the decree required the payment of an excessive sum; since if reversed, the appellant would be entitled to a reasonable time within which to pay the proper sum.</p> <p>Specific Performance—Parties Entitled—Partners. Plaintiff suing for specific performance of a contract made by a corporation to sell land to himself and one L. cannot enlarge his interest to the exclusion of L. by reason of the fact that L. was interested in and controlled the corporation making the sale, and aided the corporation in its defense and would be benefited by defeating the action.</p> <p>Evidence—To Explain Writing—Ambiguity—Vendor and Purchaser—Contracts. A contract for the sale of land is ambiguous so as to admit parol evidence of circumstances to show whether the price was $150 per acre, or that sum plus certain mortgages on the land, where it fixed the price at $150 per acre and recited that there were certain mortgages on part of the land, to be released on the payment of specified sums, and provided that the purchasers were to pay all the taxes and interest and the mortgage or mortgages as they became due, and if not so paid, the agreement to be inoperative as to the lands covered by the mortgage or mortgages, which was to revert to the vendor.</p>