Bridge v. Calhoun, Denny & Ewing, Inc.

Citations

• 57 Wash. 272
• 106 P. 762
• 1910 Wash. LEXIS 739

Syllabus

<p>Vendos and Purchaser — Contract—Rejection by Owner — Recovery op Earnest Money. Tbe action of the vendor in proffering a deed, with notes and mortgage for the deferred payments, which provided for attorney’s fees and that the whole sum should become due on failure to pay an installment of interest, is a refusal of the contract made by the agent subject to his approval, where the-agent’s contract fixed the time, amount, and interest of the deferred payments without any provision for attorney’s fees or maturity of the notes in case of default; hence the vendee could recover earnest money to be returned if the vendor did not approve-the sale.</p> <p>Estoppel- — Pleadings—-Vendor and Purchaser. In an action by a vendee to recover earnest money paid, the original complaint alleging defects in the title does not estop the plaintiff from alleging: and proving that the owner never consented to the sale, made by defendant as agent subject to the owner’s approval.</p> <p>Appeal — Bond—Form and Amount — Dismissal. An appeal bond, insufficient as a supersedeas bond, is not ground for dismissal of the appeal, where it was not conditioned to operate as an appeal and a supersedeas, and no attempt was made to stay the judgment, although it contained some language ordinarily used in a supersedeasbond, which was surplusage and of no evident intent or value.</p>