Legal Opinion

Showalter v. Sorensen

Washington Supreme Court

Decided August 21, 1905No. 5695Published

Appeal from a judgment of tbs superior court for Spokane county, Kennan, J., entered February 28, 1905, upon findings in favor of tbe plaintiffs, after a trial on tbe merits before tbe court without a jury, decreeing tbe specific performance of a contract to convey land.

1Opinion of the CourtBoot, J.

On tbe first day of May, 1898, appellants Sorensen, husband and wife, agreed, by a written contract, to sell and convey to respondent Ii. Milton Showalter a cer*622tain, parcel of land, situated in Spokane county. The contract contained, among others, the following provisions:

“First party herein agrees that if he fails to make good and sufficient title hy warranty deed to second party of said lands promptly upon the final payment herein .mentioned, or if his, the first party’s, right to said lands being canceled or set aside by a court of competent jurisdiction, he will immediately refund to…

2Cases cited5 opinions

  1. Ryan v. United StatesSupreme Court of the United States · 1890
  2. Ankeny v. ClarkWashington Supreme Court · 1889
  3. Humphries v. SorensonWashington Supreme Court · 1903
  4. Peoples Savings Bank v. LewisWashington Supreme Court · 1905
  5. Wooding v. CrainWashington Supreme Court · 1894

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