Boyle v. Narrows Land Co.

Citations

• 70 Wash. 59
• 126 P. 78
• 1912 Wash. LEXIS 1000

Syllabus

<p>Vendor and Purchaser — Contracts-—Construction—Repayment oe Purchase Price — Death oe Purchaser. A provision in a land contract for the repayment, in case the purchaser dies, of all sums paid on the purchase price, provided payment of all installments have been made promptly on or before the date thereof, is intended to secure prompt payment of installments, and being distinct from the stipulation that a sixty-day default should entitle the vendor to claim a forfeiture, a repayment of purchase money can be enforced only on condition that all payments had been made when due, and payments made within the sixty days of grace are unavailing.</p> <p>Same — Waiver—Election. In such a case, payments by an administratrix, representing the heirs at law, constitute an election to proceed with the performance of the contract, and preclude recovery of payments made.</p>