Legal Opinion

Spokane, Portland & Seattle Railway Co. v. Ballinger

Washington Supreme Court

Decided October 14, 1908No. 7317PublishedCited by 7 opinions

Appeal from a judgment of the superior court for Spokane county,' Poindexter, J., entered December 9, 1907, upon findings in favor of the plaintiff, after a trial before the court without a jury, in an action for specific performance.

1Opinion of the CourtDunbar, J.

This is an action to compel specific performance of an agreement for the sale and purchase of a railroad right of way, entered into by appellants and respondent. The agreement consists of a right of way option and letter •of acceptance. The right of way agreement was as follows:

“In consideration of the sum of one dollar to us in hand paid, the receipt of which is hereby acknowledged, and the *548further sum of eight hundred ninety-nine and no-100 dollars, to be paid on the execution of the deed hereinafter mentioned, we have agreed, and by these presents do agree, on written request, within six…

2Cases cited4 opinions

  1. Waterman v. BanksSupreme Court of the United States · 1892
  2. Pollock v. BrookoverWest Virginia Supreme Court · 1906
  3. Lockman v. AndersonSupreme Court of Iowa · 1902
  4. Neeson v. SmithWashington Supreme Court · 1907

3Cited by7 opinions

  1. Virtue v. StanleyWashington Supreme Court · 1915
  2. Chambers v. SletheiWashington Supreme Court · 1925
  3. In re KofoedDistrict Court, E.D. Washington · 1942
  4. Jacobson v. BarnesWashington Supreme Court · 1930
  5. Hendryx v. TurnerWashington Supreme Court · 1920

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