Baldwin v. Brown

Citations

• 48 Wash. 303
• 93 P. 413
• 1908 Wash. LEXIS 853

Syllabus

<p>Vendor and Purchaser — Contract to Convey — Construction-Performance — Shortage of Land — Deduction in Price. Where the vendor agrees to convey by a special warranty deed, and “reserves the right and title” until all payments are made, the vendee is entitled to a deduction for failure of title as to a portion of the tract, as the contract to “convey” is not fulfilled by a special warranty deed of land not owned by the vendor (Crow and Dunbar, JJ., dissenting).</p> <p>Same — Deduction in Price — Amount. Where the vendor is unable to convey an aliquot part of the land, the vendee is entitled to a deduction from the purchase price in the proportion that the value of such part bears to the whole tract.</p>