Ankerson v. Larson

Citations

• 58 Wash. 113
• 107 P. 879
• 1910 Wash. LEXIS 901

Syllabus

<p>Vendor and Purchaser—Contracts—Performance by Vendor— Action for Price—Defenses—Titee. In an action to recover on a promissory note given as the first cash payment on a sale of land which the vendee sought to rescind, it is immaterial that the title to the land stood in the name of a third party, where at the time of the sale the vendor secured a deed of the lands from the title holder to the vendee, and placed the same in escrow at the vendee’s request awaiting deferred payments, and the vendor was able to perform and tendered full performance.</p> <p>Same—Objections to Title—Waiver—Evidence — Admissibility. The oral and written opinion of an attorney pointing out defects in the title as shown by an abstract of title, is not admissible in evidence upon an issue as to the vendee’s right to rescind, where the opinions were acts in the preliminary proceedings long before the execution of the contract, the defects were not pointed out by the vendee to the vendor or corrections requested, and no objections were made to the title, which was satisfactory to the vendee when the contract was made.</p>