Balkwill v. Spencer

Citations

• 45 Wash. 600
• 88 P. 1029
• 1907 Wash. LEXIS 521

Syllabus

<p>Vendor and Purchaser — Contracts—Time for Performance— Construction. Where a contract for the sale of land provided for payment of the balance due on or before fifteen days after complete abstract of title should be delivered to the agent, with deed warranting against all incumbrances, and that the contract should be void if the title could not be made good within thirty days after delivery of abstract, the existence of an unsatisfied mortgage upon the property extends the time for performance by the vendee for such period of thirty days, although the vendee had agreed to secure the satisfaction of the mortgage and deduct the amount thereof from the purchase price; hence the vendee would not be in default during such period of thirty days where tender was made as soon as the satisfaction of the mortgage was secured.</p> <p>Same — Forfeiture of Contract — Demand—Actions—Waiver of Defense. Refusal by vendors to perform a contract for the sale of land cannot be justified by the fact that the vendors did not know to whom the deed should be delivered, where demand for performance was made by the agent in whose name the contract was made, and where the refusal was at the time placed on the ground that the tender was too late.</p> <p>Same — Assignment—By Trustee — Validity-—-Signature of Wife. Where an agent, in whose name a contract for the sale of land was made, acted as a trustee, an assignment of the contract by him to his principal need not be joined in by his wife.</p> <p>Same — Damages for Failure to Convey — Evidence—Values— Recital in Deed — Sufficiency. In an action for damages for breach of contract to convey lands, sold by tbe defendants to other parties within a month, the deed of the defendants conveying the property, reciting a consideration of $25,000, is prima facie evidence of the value of the property at that time; and in the absence of explanation or other evidence, is sufficient to sustain a finding that the property was of that value.</p>