Legal Opinion

Miller v. Calvin Philips & Co.

Washington Supreme Court

Decided October 27, 1906No. 6368PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered June 8, 1906, upon overruling a demurrer to the complaint, in an action to recover earnest money on a contract to convey land.

1Opinion of the CourtDunbar, J.

Appeal from a judgment of the superior court of Pierce county, overruling defendant’s demurrer to plaintiff’s complaint.. The action was by the vendee, Miller, on a contract for the sale of certain real estate, to recover back from the vendor, Calvin Philips & Co., the deposit of earnest money, amounting to $600, paid by him to bind the contract, on the ground that the vendor could not furnish a good title free from incumbrances. The complaint sets forth the contract and the receipt of the money, the latter part of which is as follows:

“I hereby agree to furnish abstract of title completed…

2Cited by8 opinions

  1. Summers v. Midland Co.Supreme Court of Minnesota · 1926
  2. Wingard v. CopelandWashington Supreme Court · 1911
  3. Block v. Citizen Trust & Savings BankCalifornia Court of Appeal · 1922
  4. Moore v. ClarkeWashington Supreme Court · 1930
  5. Hoffman v. TitlowWashington Supreme Court · 1907

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