Legal Opinion

Osburn v. Dolan

Washington Supreme Court

Decided July 25, 1893No. 830PublishedCited by 7 opinions

Appeal from Superior Court, Kvng County. Action by A. E". Osburn and others, against James Dolan upon an alleged indebtedness of defendant to one L. G. Yan Valkenburg, upon a contract for the sale of real estate, in the amount of 8250, which claim had been assigned to plaintiffs. From a judgment for plaintiffs, defendant appeals.

1Opinion of the Court

The opinion of the court was delivered' by

Stiles, J.

In this case, the first cause of action having been dismissed by the court below, it is not necessary that we pass upon the alleged errors which were argued by the appellant in connection with the court’s treatment of it before the dismissal. The second cause of action alone was tried, and it is upon that the judgment was entered.

The question which goes to the merits of this matter is, whether the appellant in any way bound himself so that Van Valkenburg could have maintained an action against him. Van Valkenburg, owning certain real estate,…

2Cases cited1 opinion

  1. In re the Estate of SullenbergerCalifornia Supreme Court · 1887

3Cited by7 opinions

  1. Townsend v. RosenbaumWashington Supreme Court · 1936
  2. Beeson Brothers v. ChambersWashington Supreme Court · 1930
  3. Hardinger v. FullertonWashington Supreme Court · 1931
  4. Sumner K. Prescott Co. v. Franklin Tool WorksWashington Supreme Court · 1921
  5. Adron v. EvansSouth Dakota Supreme Court · 1927

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