Auve v. Wenzlaff

In this cause, respondents sued to recover, from all the defendants named in the action, certain installments past due on a real estate contract. All of the installments were not due at the time of bringing suit. At trial, it was conceded by respondents that, inasmuch as respondents were attempting to enforce a written contract and for a decree to that effect, the case was one of equitable cognizance. That this was correct, is settled by our decisions in Hogan v. Kyle, 7 Wash. 595, 35 Pac. 399, 38 Am. St. 910, and Anderson v. Wallace Lumber & Manufacturing Co., 30 Wash. 147, 70 Pac. 247;…