Wintermute v. Carner

Citations

• 8 Wash. 585
• 36 P. 490
• 1894 Wash. LEXIS 114

Syllabus

<p>APPEAL — LAWS CHANGING PROCEDURE — APPLICATION TO PEND ING APPEALS — SPECIFIC PERFORMANCE — EQUITABLE ACTIONS-FINDINGS OF COURT — TRIAL OF QUESTIONS OF FACT.</p> <p>Where a law regulating appeals provides that it “shall govern proceedings had after it shall take effect, in actions then pending as well as those in actions thereafter begun, but shall not-affect any right acquired or proceeding had prior to the time when it shall take effect,” the settlement of a statement of facts on a pending appeal must be governed by the provisions of such law, although judgment had been rendered and notice of appeal given prior to the taking effect of the law.</p> <p>A contract for the sale of a mill cannot be specifically enforced by the purchaser, when there is an outstanding judgment against him for the payment of one installment of the purchase price, without first requiring the payment of the judgment, and its payment subsequent to the rendition of the decree of specific performance will not avail plaintiff on appeal, if it has not been paid in compliance with such decree.</p> <p>Sec. 379, Gode Proc., requiring the court to make findings of fact in actions tried without a jury, has no application to causes of equitable cognizance.</p> <p>In equitable causes it is discretionary with the court to submit questions of fact to the jury, or to try all the issues itself.</p>