Legal Opinion
Behrens v. Cloudy
Washington Supreme Court
Decided September 22, 1908No. 7180PublishedCited by 11 opinions
Appeal from a judgment of the superior court for King county, Albertson, J., entered October 23, 1907, upon findings in favor of the defendant, after a trial before the court without a jury, in an action for specific performance.
1Opinion of the CourtRudkin, J.
On the 24th day of March, 1906, the defendant Cloudy leased the premises now in controversy to M. Frances Kelly, for a term of five years from that date. The lease contained the following covenants, among others:
“The said party of the first part [lessor] agrees to sell to said party of the second part [lessee] the said described property at any time within eight months from and after the date hereof, for and in consideration of the sum of $9,000; terms one-half cash and balance in five years.”
Also:
“And the said party of the second part does hereby covenant, promise and agree . . . not to let…
2Cases cited4 opinions
- City of Omaha v. Standard Oil Co.Nebraska Supreme Court · 1898
- Tabler, Crudup & Co. v. Sheffiield Land, Iron & Coal Co.Supreme Court of Alabama · 1885
- Andrew v. MeyerdirckCourt of Appeals of Maryland · 1898
- Deffenbaugh v. FosterIndiana Supreme Court · 1872
3Cited by11 opinions
- 224 Westlake, LLC v. Engstrom Properties, LLCCourt of Appeals of Washington · 2012
- Smith v. MartinOregon Supreme Court · 1919
- Coulos v. DesimoneWashington Supreme Court · 1949
- Portland Electric & Plumbing Co. v. City of VancouverCourt of Appeals of Washington · 1981
- Lockerby v. AmonWashington Supreme Court · 1911
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