Holyoke v. Jackson
Washington Territory
Error to the District Court holding terms at Seattle. Third District. In this case, D. B. Jackson brought his-action against R. Holyoke, alleging in his complaint that on April 7, 1880, defendant was the owner of certain real estate; that on said day the parties made an agreement in writing, whereby plaintiff bought and defendant sold the property, paying two hundred dollars as part payment, and defendant was to make and deliver a good deed for the property upon the payment…
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Error to the District Court holding terms at Seattle. Third District. In this case, D. B. Jackson brought his-action against R. Holyoke, alleging in his complaint that on April 7, 1880, defendant was the owner of certain real estate; that on said day the parties made an agreement in writing, whereby plaintiff bought and defendant sold the property, paying two hundred dollars as part payment, and defendant was to make and deliver a good deed for the property upon the payment of two thousand eight hundred dollars, being balance of purchase price. The alleged contract was in writing as follows:—…
1Opinion of the Court
Mr. Chief Jnstice Greene
delivered the opinion of the court.
The primary question involved in this-case is,'whether, subsequent to the husband and wife act of 1879, the plaintiff in error, being a husband, could, without his wife joining, make a valid contract to sell to defendant in error community property. By the provisions of the husband and wife acts passed in 1879, and previously, the husband and wife are considered as constituting together a compound creature of the statute, called a community. This creature is sometimes, though inaccurately, denominated a species of partnership. It…
2Cited by35 opinions
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- Bortle v. OsborneWashington Supreme Court · 1930
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