Bash v. Cascade Mining Co.

Citations

• 29 Wash. 50
• 70 P. 487
• 1902 Wash. LEXIS 553

Syllabus

<p>RESCISSION-CONTRACT EOR SAXE OE MININS CLAIM-SUBEICIBNCr OF TITLE TENDERED.</p> <p>A contract between vendor and purchaser for a conveyance “by good and sufficient deed in fee simple” upon the payment of the full purchase price must be construed in the light of the circumstances surrounding the property, and where the property was a mining claim for which the vendor had paid the government and held the receiver’s certificate therefor, awaiting the issuance of patent, and the purchaser, with a knowledge of the situation, went into possession, worked the claim, made payments thereon, asked and obtained an extension of time for final payment, and, upon the expiration of that time, offered a bonus for a further extension, his final tender of full payment would not entitle him to a rescission and the recovery of payments made, because of the failure of the vendor to produce a patent for the claim, when the vendor stood ready to execute any kind of a deed the purchaser was willing to accept. (Dunbar, J., dissents.)</p>