Catterson v. Ireland

Citations

• 60 Wash. 208
• 110 P. 1002
• 1910 Wash. LEXIS 1029

Syllabus

<p>Vendor and Purchaser- — -Performance — Breach by Vendee— Waiver — Consideration for Promise. Where the purchaser of land agreed to sow one-half of the same in wheat, and deposit one-half of the proceeds to be applied in deferred payments and interest, the acceptance by the vendor of such part of the proceeds does not waive defaults of the purchaser in failing to cultivate half of the land or pay the taxes; and surrender of such money belonging to the vendor would constitute no consideration for a promise to waive the defaults.</p> <p>Vendor and Purchaser — Contract—Breach by Vendor — Damages — Tender of Payment. In an action at law for damages for breach of a contract to convey premises, a legal tender of the amount due on the purchase price is necessary; and it is not sufficient that the purchaser merely asked the vendor if he would accept payment in full and he stated that he would not, where there was no production of the money or offer to produce it.</p>