Roberts v. Hilton Land Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Rigg, J., entered June 4, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to enforce the specific performance of a contract to convey real estate.
1DissentFullerton, J.
(dissenting) — I dissent. Contrary to what might be inferred from reading the principal opinion, the trial court did not enforce a specific performance of the contract as it was originally made, but it found that neither Hilton nor the Hilton Land Company owned more than a five-sixths interest in the land in question, and it directed a specific performance as to the five-sixths interest only, making a corresponding reduction in the purchase price. When it is remembered that the contract was not originally the contract of either the appellant or Hilton, but is binding upon them only in case…
2Cases cited9 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Carstens v. McReavyWashington Supreme Court · 1890
- Samson v. BealeWashington Supreme Court · 1902
- Penter v. Staight & BeaversWashington Supreme Court · 1890
- Armstrong v. OakleyWashington Supreme Court · 1900
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