Northwestern Lumber Co. v. Grays Harbor & P. S. Ry. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Suit in equity by the Northwestern Lumber Company against dhe Grays Harbor & Puget Sound Railway Company, the Oregon & Washington Railroad Company, the Oregon-Washington Railroad & Navigation Company, and the Chicago, Milwaukee & Puget Sound Railroad Company. Decree for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Suit in equity by the Northwestern Lumber Company against dhe Grays Harbor & Puget Sound Railway Company, the Oregon & Washington Railroad Company, the Oregon-Washington Railroad & Navigation Company, and the Chicago, Milwaukee & Puget Sound Railroad Company. Decree for defendants, and complainant appeals. Tlie Northwestern Lumber Company, plaintiff in the court below, is a corporation organized under the Laws of the state of California. The defendants…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] This is an action to enforce the' specific performance of a contract. The contract relates to the sale and conveyance of real estate, which must be in writing under the statutes of Washington (Ballinger’s Codes and Statutes of Washington, §§ 4517, 4518), and under the statute of frauds. Swash v. Sharpstein, 14 Wash. 426, 44 Pac. 862, 32 L. R. A. 796. The exception that performance or part performance will take the contract out of the statute is not involved in this case. The only writing signed by the parties making the agreement is a letter of the…
2Cases cited3 opinions
- Swash v. SharpsteinWashington Supreme Court · 1896
- Hackley v. OakfordCourt of Appeals for the Third Circuit · 1899
- Oakford v. HackleyU.S. Circuit Court for the District of Western Pennsylvania · 1899
3Cited by7 opinions
- State Ex Rel. Otto v. FieldNew Mexico Supreme Court · 1925
- Brothers v. AraveIdaho Supreme Court · 1946
- Elkhorn-Hazard Coal Co. v. Kentucky River Coal CorporationCourt of Appeals for the Sixth Circuit · 1927
- Horvath v. McCord Radiator & Mfg. Co.Court of Appeals for the Sixth Circuit · 1929
- Brown v. JeromeCourt of Appeals for the Ninth Circuit · 1924
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