Legal Opinion
Carstens v. J. B. Powles & Co.
Washington Supreme Court
Decided February 19, 1921No. 16290PublishedCited by 3 opinions
Appeal from a judgment of the superior court for King county, Marion Edwards, Esq., Judge pro tempore, entered December 14, 1920, upon findings in favor of the plaintiff, in an action on contract, tried to the court.
1Opinion of the CourtMackintosh, J.
— On October 4, 1920, the appellant, being the owner of a lot in the city of Seattle, agreed *589to sell it to the respondent, and the respondent agreed to purchase. At that time, an earnest money receipt was signed by both of the parties which, among other things, provided:
“Taxes, rents, insurance and interest on mortgage, if any, to be apportioned from date of deed. . . . ”
It was stipulated by the parties that the word “deed” was erroneously used for “contract” by the scrivener drawing the earnest money receipt. It was in the contemplation of the parties that a formal contract should thereafter…
2Cases cited1 opinion
- State v. Snohomish CountyWashington Supreme Court · 1912
3Cited by3 opinions
- Commissioner of Internal Revenue v. PlestcheeffCourt of Appeals for the Ninth Circuit · 1938
- Commissioner of Internal Revenue v. PlestcheeffCourt of Appeals for the Ninth Circuit · 1938
- Gelb v. AronovitzDistrict Court of Appeal of Florida · 1957