Zizich v. Holman Security Investment Co.

Citations

• 77 Wash. 392
• 137 P. 1028
• 1914 Wash. LEXIS 911

Syllabus

<p>Agriculture — Laborer’s Liens — Foeeclo sure — Contract — Performance or Breach — Evidence—Sufficiency. The evidence is insufficient to sustain findings that laborers’ contracts to clear land had been fully performed and that they quit work because ordered to do so, where, by the preponderance of the evidence, it appears that the work had not been properly performed, being merely slashing and only about fifty per cent of the work of clearing it; that eighty per cent of the contract price allowed them was a very liberal allowance, and that they quit because they had become dissatisfied with the allowance made.</p> <p>Vendor and Purchaser — Contract — Performance or Breach-Title. Where laborers were to be paid for clearing in part by conveyance of lots, they cannot, before completion of the contract and earning their deeds, quit and claim the full compensation in cash, because of defects in title to the lots; since the vendor may be able to convey title when the time for performance arrives.</p> <p>Appeal — Review—Findings. Upon a trial de novo1, under Rem. & Bal. Code, § 1736, where findings are not sustained by a preponderance of the evidence, they will be reversed on appeal.</p>