Legal Opinion

Bernard v. Benson

Washington Supreme Court

Decided April 29, 1910No. 8558PublishedCited by 19 opinions

Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered July 3, 1909, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action for specific performance.

1Opinion of the CourtGose, J.

The plaintiffs in this suit seek specific perform-, anee of an executory contract, and have appealed from the decree. The record discloses the following material facts r On the 28th day of August, 1903, the Northwestern Lumber Company, the owner of the real estate in controversy, entered into a contract with the appellant Joseph Bernard, whereby it agreed to convey the property to him. The contract was filed for record in Chehalis county, where the land was situated, on September 2, 1903, and recorded in Miscellaneous Records. On May 31, 1905, the appellant Joseph Bernard filed for record a…

2Cases cited10 opinions

  1. United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
  2. Owens v. McNallyCalifornia Supreme Court · 1896
  3. Curran v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1874
  4. Ritchie v. MetcalfeWashington Supreme Court · 1890
  5. Carlisle v. CarlisleSupreme Court of Alabama · 1884

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3Cited by19 opinions

  1. Paganelli v. SwendsenWashington Supreme Court · 1957
  2. Southwest Pipe Line Co. v. Empire Natural Gas Co.Court of Appeals for the Eighth Circuit · 1929
  3. State v. FaustCourt of Appeals of Washington · 1998
  4. Keese v. BeardsleyCalifornia Supreme Court · 1923
  5. Nadeau v. Texas CompanyMontana Supreme Court · 1937

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