Bower v. Bagley

Citations

• 9 Wash. 642
• 38 P. 164
• 1894 Wash. LEXIS 377

Syllabus

<p>CONTRACT FOR SALE OF LAND —CONSTRUCTION —DIVISIBILITY — SPECIFIC PERFORMANCE.</p> <p>A contract for the sale of real estate for a stipulated sum in case payment be made within three years, which further provides that the vendor will give a deed at any time when demanded for parcels thereof in excess of twenty acres, provided payments have been made therefor at the rate of $40 per acre, is a divisible contract, and specific performance of a part only of such contract may be enforced by the purchaser, although he is in default under the conditions for the purchase of the entire tract. (Hoyt and Stiles, JJ., dissent.)</p>