Cash v. Meisenheimer

Citations

• 53 Wash. 576
• 102 P. 429
• 1909 Wash. LEXIS 1368

Syllabus

<p>Vendor and Purchaser — Breach—Damages—Remedies of Vendee — Defenses. A vendee cannot recover damages for breach of a contract to convey. land, induced by false representations of the vendor that he was a single man, where the vendee was in default, in his payments, and the vendor gave notice of forfeiture under the terms of the contract, there being no evidence that the vendor’s wife refused to join in a deed or claimed any interest in the property.</p> <p>Same — Rescission by Vendee — Defects in Title. The fact that the vendor did not have the legal title to land, which was held for-him by a trustee, does not entitle the vendee to rescind, while in default on payments, where the vendee knew the state of the title; at the time of the sale.</p> <p>Same — Contract—Forfeiture—Waiver—Extension of Time. Extending tlie time for and accepting payment, after defaulting on certain installments due on a land contract, does not waive the right to declare a forfeiture for default in paying future installments, time for which was not extended.</p>