Calhoun, Denny & Ewing v. Pederson

Citations

• 85 Wash. 630
• 149 P. 25

Syllabus

<p>Exchange of Property — Contract—Mistake—Effect. Where by mutual mistake, a contract for the exchange of property omitted mention of a right of way to which one of the properties was subject, the court may find the intention of the parties, and allow recovery without removing the cloud on the title caused by the mistake.</p> <p>Same — Contract—Repudiation—Effect. Where one of the parties to a contract for the exchange of property declares that he will not perform on his part, the other is not required to tender performance before bringing action to recover for the breach thereof.</p> <p>Same — Repudiation—Effect on Arbitration Agreement. Where one party to a contract for the exchange of property elects to abandon it and so notifies the other parties, the latter are released from performance on their part in the manner specified in the contract; hence an agreement in the contract that the matters in dispute should be submitted to arbitration cannot be invoked 'against their right of action upon the contract.</p>