Bowen v. Dempsey Lumber Co.

Citations

• 49 Wash. 690
• 96 P. 427
• 1908 Wash. LEXIS 649

Syllabus

<p>Vendor and Purchaser — Contracts—Performance. A contract by a vendee to build a mill on the property purchased by January 1st, 1907, is substantially complied with so as to avoid the payment of §20,000 stipulated damages for failure to do so, where it appears that the contract stipulated that if the vendee failed to secure reasonable assurance of the construction of a spur track to the mill fr,om a railroad company, then it should have fourteen months from and after receiving such assurance within which to complete the contract, and it appeared that the vendee only received an expression of opinion and no positive assurance as to the spur track until April 15, 1906, and completed the mill April 27, 1907.</p>