Hunter Tract Improvement Company v. Stone

109 P. 112 (1910)

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Nature of the Case

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Facts

P platted about two hundred and ten acres, and gave to the city of Seattle about twenty-five acres of this land for parks and boulevards, including the lake frontage, and in other ways attempted to make it desirable for first-class residences, and a great many people had bought lots in said addition. Marguerite Foy had secured a contract for the purchase of lot 14 in block 18 and had assigned the same to a woman of the negro race, Susie Stone, wife of D, who is also a negro. The assignment was approved on the back of the contract, and said D and wife were about to commence the erection of a private residence for themselves on said lot. P brought this action against D and Marguerite Foy, to obtain a cancellation of said assignment. P claimed that the contract made with Marguerite Foy could not be binding until the assignment should be accepted and approved by P, that the purported approval and acceptance of the assignment was induced by mistake as to the race of D, and that D wilfully and wrongfully concealed from P the fact that they were of the negro race, knowing all the time that P would not consent to or approve of the assignment to a person or persons of the negro race. The trial court found in favor of D and dismissed the action. P appealed. P contends it is injured from the fact that the addition will become less popular and less valuable if negroes are allowed to erect and maintain residences and that it had promised and agreed with divers and sundry parties to whom it had sold that negroes would not be allowed to purchase any of the lots of this addition or to maintain residences thereon.