Wetherbee v. Gary

This is an action for specific performance' of an option to buy real property. Plaintiff appeals from a judgment dismissing his action with prejudice, entered at the end of his case in chief.

The depth of our inquiry is governed by plaintiff’s evidence. He is entitled to have the evidence, and all reasonable inferences therefrom, interpreted in a manner most favorable to him. Robertson v. Club Ephrata, 48 Wn. (2d) 285, 290, 293 P. (2d) 752 (1956), and authorities cited.

Defendant owned two tracts of land—one containing 65 acres, the other 70 acres. Defendant had listed the 65-acre tract with a…