Blake v. Merritt

Citations

• 101 Wash. 56
• 171 P. 1013
• 1918 Wash. LEXIS 792

Syllabus

<p>Vendor and Purchaser—Rescission by Vendee-—-Fraud—Waiver. Fraud in the sale of land, in that the land conveyed was not the land shown and purchased, is waived, where after knowledge of the fraud, the vendee made two- payments on the contract and paid the taxes, and did not commence suit for six months.</p> <p>Same—Forfeiture of Contract — Defenses—Estoppel. Vendee, prosecuting an action for rescission, cannot defeat forfeiture of the contract for nonpayment of installments on the ground that the vendor had accepted payments after they were past due, as such contentions are inconsistent.</p>