Legal Opinion

Kleeb v. McInturff

Washington Supreme Court

Decided March 22, 1911No. 9207PublishedCited by 5 opinions

Cross-appeals from a judgment of the superior court for Franklin county, Holcomb, J., entered May 3, 1910, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action for specific performance.

1Opinion of the CourtMount, J.

This action was brought by the plaintiff to compel specific performance of a contract of sale of real estate situate in Franklin county. A decree was entered in the court below in accordance with the prayer of the complaint. Subsequently the court modified the judgment so that neither party was allowed to recover costs from the other. The defendants have appealed from the decree of specific performance, and the plaintiff has appealed from the order refusing to allow him costs.

*509There is no dispute about the fact that a contract was made. It appears that on May 6, 1908, the defendants were the…

2Cases cited2 opinions

  1. Puget Sound Iron & Steel Works v. ClemmonsWashington Supreme Court · 1903
  2. Knowles v. RogersWashington Supreme Court · 1902

3Cited by5 opinions

  1. Allen v. Farmers & Merchants BankWashington Supreme Court · 1913
  2. Amherst Investment Co. v. MeachamWashington Supreme Court · 1912
  3. P. S. Wick Co. v. Du-BarryWashington Supreme Court · 1930
  4. Yamaoka v. KloeberWashington Supreme Court · 1913
  5. Kleeb v. McInturffWashington Supreme Court · 1912

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