Boger v. Bell

Citations

• 84 Wash. 131
• 146 P. 179
• 1915 Wash. LEXIS 762

Syllabus

<p>Vendor and Purchaser — Contracts—Forfeiture—Tender — Sufficiency. The deposit of money to meet payments due on a land contract is not a sufficient tender, where no notice of the deposit was given and the deposit was not made to the credit of the adverse party.</p> <p>Same — -Contract — Defauet— Forfeiture. After notice of forfeiture of a contract for the sale of land for default in payments, the vendee cannot reinstate the contract by a tender, or assert that tender was unnecessary because it appears that it would have been futile.</p> <p>Same — Contract—Forfeiture—Waiver. The granting of one extension for a definite time for the payment of the first installment upon a contract for the sale of land does not waive the covenant that time is of the essence of the contract, or prevent a forfeiture after a fair opportunity was offered to meet the contract.</p> <p>Specific Performance — Condition Precedent — Tender of Purchase Price. While a vendor cannot declare a forfeiture of an executory contract at a time when he is unable to convey title in conformity with his agreement, still if he does so, the vendee cannot sue in equity for a specific performance without paying or offering to pay the purchase price; and in the absence of proof of willingness and ability to pay the price, the action must be dismissed.</p>