Cerini v. Chicago, Milwaukee & Puget Sound Railway Co.
Washington Supreme Court
Appeal from an order of the superior court for King county, Ronald, J., entered January 6, 1912, granting a new trial after the verdict of a jury rendered in favor of the plaintiffs, in an action on contract.
1Opinion of the CourtMorris, J.
Respondent purchased a right of way across the lands of appellants. Upon this right of way was a barn which was to be moved by the railway company to another location. The case arises^ upon this feature of the contract, it being contended by appellants that the contract was broken in this regard. At the trial, certain evidence was offered by respondent upon its theory that the barn had been moved to a location mutually agreed upon by the parties before the deed evidencing the purchase and the contract was signed. This was rejected by the court. The trial resulted in verdict for appellants.…
2Cases cited3 opinions
- Honeycut v. StrotherSupreme Court of Alabama · 1841
- Liebke v. MethudyMissouri Court of Appeals · 1883
- Norton v. WebbSupreme Judicial Court of Maine · 1853
3Cited by3 opinions
- Allen v. Farmers & Merchants BankWashington Supreme Court · 1913
- Humphreys v. City of SeattleWashington Supreme Court · 1929
- Lidral-Wiley, Inc. v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1934