Legal Opinion

Clute v. North Yakima & Valley Railway Co.

Washington Supreme Court

Decided March 23, 1911No. 9048PublishedCited by 10 opinions

Appeal from a judgment of the superior court for Yakima county, Kauffman, J., entered June 6, 1910, in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to enjoin the construction of a railroad.

1Opinion of the CourtMorris, J.

On May 6, 1909, the parties hereto entered into an agreement, whereby respondents sold to appellant lot 3, block 15, town of Zillah, for $2,600, for railway purposes. As a part of this consideration the appellant agreed to convey to respondents lot 12, block 22, town of Zillah, and to pay the balance within sixty days, the respondents within the same time to remove the building from lot 3, which they occupied as a general merchandise store. The appellant thereafter conveyed lot 12, and paid the balance of the consideration to respondents, and respondents gave the company a deed to lot 3, and…

2Cases cited2 opinions

  1. Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
  2. O'Connell v. City of SeattleWashington Supreme Court · 1911

3Cited by10 opinions

  1. Moses Lake School District No. 161 v. Big Bend Community CollegeWashington Supreme Court · 1972
  2. Freeman v. City of CentraliaWashington Supreme Court · 1912
  3. DeKay v. North Yakima & Valley Railway Co.Washington Supreme Court · 1913
  4. Hieber v. City of SpokaneWashington Supreme Court · 1913
  5. Murphy v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1912

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