McKOWN v. DAVIS

No. 33041.

47 Wn.2d 10 (1955)

285 P.2d 1048

CHARLES McKOWN et al., Respondents, v. FLOYD DAVIS et al., Appellants.

The Supreme Court of Washington, Department One.

July 21, 1955.


Attorney(s) appearing for the Case

J.W. Graham, for appellants.

Andrew A. Berilla, John E. Cantlon, Paul J. Narigi, and Henderson, Carnahan, Thompson & Gordon, for respondents.


DONWORTH, J.

May the vendee named in an earnest money agreement, who has been unsuccessful in a prior action to rescind that contract on the grounds of fraudulent representations, subsequently maintain an action for specific performance of that contract?

On May 3, 1951, plaintiffs (Charles McKown and Henrietta McKown, his wife) as vendees, and defendants (Floyd Davis and Frances Davis, his wife) as vendors, executed a written contract of sale, denominated...

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