Legal Opinion
Smith v. Flathead River Coal Co.
Washington Supreme Court
Decided August 23, 1911No. 9569PublishedCited by 3 opinions
Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered October 29, 1910, upon granting a nonsuit in an action for specific performance.
1Opinion of the CourtMount, J.
action was brought to enforce specific performance of a contract. When the plaintiffs had introduced their evidence, the court dismissed their action. Plaintiffs have appealed.
It appears that the plaintiff J. H. Smith and the defendant company entered into the following contract:
“This agreement, made this the 7th day of April, 1908, by and between J. H. Smith, party of the first part, and the Flathead River Coal Company, party of the second part, witnesseth: That the party of the first part agrees to have surveyed and obtain a lease on one certain coal and petroleum claim situated in the…
2Cases cited2 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Peters v. Van HornWashington Supreme Court · 1905
3Cited by3 opinions
- Ford v. DrakeMontana Supreme Court · 1912
- Ellis v. TreatCourt of Appeals for the Ninth Circuit · 1916
- Martin v. BatemanWashington Supreme Court · 1920