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Property Law and Real Estate

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Washington Law Review

1952

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Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell Aug 1952

Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell

Washington Law Review

P orally engaged D to sell P's land, for which D was to receive a commission of $1,000. D falsely represented that he had procured a purchaser who would buy the property if he could obtain a loan of $10,000, and that D could procure the necessary loan upon paying a bonus of $3,000 to the lender. P, in reliance on these representations, entered a written agreement to pay D $4,000. P brought an action to recover the $3,000 which D had received and converted to his own use. Held: The oral agreement created an agency relationship which D breached …


Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr. May 1952

Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.

Washington Law Review

In an action for specific performance of a real estate contract, D set up the plea of the statute of frauds, in that there was an insufficient legal description. D had signed an earnest money agreement containing the following description: "real property: at 309 E. Mercer, Seattle, King County, Washington." Held: the legal description is insufficient. Every contract for the sale or conveyance of platted real property must contain in addition to the other requirements of the statute of frauds, the description of such property by correct lot number(s), block, addition, city, county, and state. Martin v. Seigel, 35 Wn. …