Bendon v. Parfit

Citations

• 74 Wash. 645
• 134 P. 185
• 1913 Wash. LEXIS 2106

Syllabus

<p>Frauds, Statute of — Orai Sabe of Land — Part Performance— Possession and Improvements. There is sufficient part performance of an oral contract for the sale of land to take the same out of the operation of the statute of frauds, where the purchaser took and retained possession with the consent of the vendor, and made permanent improvements consisting of a board house, shed, clearing and grading, enhancing the value of the property.</p> <p>Vendor and Purchaser — Contract—Performance by Vendee— Abandonment. Abandonment by the vendee of a contract for land to be paid for by doing carpenter work, is not shown by the fact that the vendee returned an abstract of title on being unable to secure a loan to take advantage of a cash offer, where he had no such intention and held himself ready at all times to perform the services agreed upon.</p> <p>Same — Performance or Breach — Forfeiture—Concurrent Acts. Vendors selling land in consideration of services to be rendered cannot put the vendee in default until they have offered to perform, the payment of the purchase price and delivery of the deed being concurrent acts.</p> <p>Same — Bona Fide Purchasers — Possession as Notice. Actual possession of property by a vendee under an oral contract of sale, with knowledge that the vendee had made the improvements, imparts notice to a subsequent purchaser, who therefore is not an innocent purchaser.</p>