Nelson v. Title Trust Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Morris, J., entered February 8, 1908, dismissing at the close of plaintiff’s case, an action for specific performance or in the alternative for a rescission of a contract to convey land, after a trial before the court without a jury.
1Opinion of the CourtDunbar, J.
The defendant, Title Trust Company, on November 3, 1906, was owner of what is known as “Delmar Park Addition to the City of Seattle.” On November 3, 1906, J. F. Erickson, an agent of the defendant, sold the plaintiff lots 8 and 9, of block 2, of said addition, signing what might be termed a temporary contract for the purchase of said lots. Erickson showed plaintiff a plat of Delmar Park addition, and pointed out to him the land marked “Park” on a blue print of said addition that he had with him. He also showed him the grade stakes of the streets, and the stakes which marked lots 8 and 9, in…
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