Legal Opinion

Trimble v. Donahey

Washington Supreme Court

Decided June 15, 1917No. 13743PublishedCited by 9 opinions

Appeal from a judgment of the superior court for Whitman county, McCroskey, J., entered June 30, 1916, upon sustaining a demurrer to the complaint, dismissing an action for specific performance.

1Opinion of the CourtMain, J.

— The purpose of this action was either to enforce specific performance of a contract relating to real estate or damages for the breach thereof. To the amended complaint, which will hereafter be referred to as the complaint, a demurrer was interposed and sustained. The plaintiff refused to plead further, and a judgment was entered dismissing the action. From this judgment, the appeal is prosecuted.

The facts alleged in the complaint, stated in a somewhat abbreviated form, are as follows:

Rebecca A. Donahey died in Whitman county on the 2d day of June, 1908, leaving an estate consisting of real…

2Cases cited3 opinions

  1. Swash v. SharpsteinWashington Supreme Court · 1896
  2. Bellows v. SowlesSupreme Court of Vermont · 1883
  3. Murphy v. MurphyWashington Supreme Court · 1906

3Cited by9 opinions

  1. Richardson v. Taylor Land & Livestock Co.Washington Supreme Court · 1946
  2. Puget Mill Co. v. KerryWashington Supreme Court · 1935
  3. Hendry v. BirdWashington Supreme Court · 1925
  4. Brakefield v. BaldwinCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Hooper v. First Exchange Nat. Bank of Coeur D'AleneCourt of Appeals for the Ninth Circuit · 1931

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