Hunter v. Wenatchee Land Co.

• Decision Date: 28 September 1908
• Parties: HUNTER et al. v. WENATCHEE LAND CO.
• Court: Washington Supreme Court

97 P. 494

50 Wash. 438

HUNTER et al. v. WENATCHEE LAND CO.

Supreme Court of Washington

September 28, 1908

Appeal from Superior Court, Spokane County; Wm. A. Huneke, Judge.

Action by H. A. Hunter and another against the Wenatchee Land Company. From a judgment for plaintiffs, defendant appeals. Affirmed.

Will H Thompson, Happy & Hindman, and Chas. A. Murray, for appellant.

Graves Kizer & Graves, for respondents.

DUNBAR J.

The plaintiffs are residents of the state of Minnesota, and the defendant is a Minnesota corporation and a resident of said state. On the 10th day of May, 1902, at the city of Minneapolis, in the said state of Minnesota, they entered into the following contract: 'This agreement made and entered into this 10th day of May, A. D. 1902, by and between Wenatchee Land Company, a corporation duly organized and existing under and by virtue of the laws of the state of Minnesota, and having its office and principal place of business in the city of Minneapolis, county of Hennepin, and state of Minnesota, party of the first part, and H. A. Hunter and J. A. Young, both of the city of Minneapolis, county of Hennepin, and state of Minnesota, parties of the second part, witnesseth as follows: Whereas, the party of the first part is the owner of certain lands situated in the county of Chelan, state of Washington, aggregating 51,451.23 acres (which said lands are to be hereafter more particularly described by a separate instrument to be hereto attached and to become a part of this agreement); and whereas, the parties of the second part make a specialty of the sale of such lands and premises, and are willing to undertake the sale of the same: Now, this agreement witnesseth that, in consideration of the premises and the sum of $1 by each to be to the other paid, the receipt of which is hereby acknowledged, the party of the first part grants unto the parties of the second part the exclusive agency for the sale of said lands for the period of three years from date hereof. Said parties of the second part are hereby authorized to sell said lands, or any part thereof, at not less than two and 52/100 dollars ($2.52) per acre, except in cases where the said first party shall consent in writing to the sale of some or all thereof at a less rate per acre, provided that each purchaser of land shall make a first payment in cash of not less than 15 per cent. of the total purchase money and that all contracts of sale shall be executed by the party of the first part and upon the request of said second parties. Said parties of the second part are to give reasonable time and attention to the management and sale of said lands, to have same examined and advertised, and to report promptly all sales as soon as made, and to faithfully account on the 1st of each calendar month to said party of the first part for all proceeds that may be derived from such sales; it being mutually agreed that the proceeds derived from the sales of said lands shall be applied as follows: (1) To the payment of taxes, if any, accrued upon said lands. (2) To the payment to said party of the first part of the sum of one and fifty-two hundredths dollars ($1.52) per acre, together with interest thereon at the rate of 6 per cent. per annum from the date of this contract, being the sum of seventy-eight thousand two hundred five and 87/100 ($78,205.87) dollars, and interest. (3) The remainder of said proceeds arising from said sales shall be divided equally, and one-half thereof shall be paid to the said party of the first part, its successors or assigns, and the remaining one-half thereof shall be paid to the said parties of the second part, their heirs, executors, or assigns. The party of the first part agrees to deliver good title, discharged from all liens by way of mortgage, taxes, or otherwise, to any portion of said premises that may be sold, and will, at the time of making any contract of sale, discharge all the liens upon the land contracted to be sold. It is understood and agreed that said parties of the second part shall have no right or claim against the said party of the first part, or on said lands, or any part thereof, for commission, expenses, or otherwise, except only for his one-half share of the profits arising from sales of said lands as hereinbefore provided and agreed. [Signed and witnessed.]'

The complaint alleges the execution of the...