Clizer v. Krauss

Citations

• 57 Wash. 26
• 106 P. 145
• 1910 Wash. LEXIS 687

Syllabus

<p>Vendor and Purchaser — Contracts—Forfeiture—Notice. A contract for the sale of land, in which time is of the essence, providing that the same shall be void if the vendee fails to make payments when due, cannot be rescinded by the vendor for default in a payment where, before notice of forfeiture was given, the vendee tendered more than the amount then due on the contract.</p> <p>Vendor and Purchaser — Contract—Forfeiture. The failure of a vendee to pay taxes and assessments upon the land is not ground for rescission by the vendor and forfeiture of the contract, in the absence of a statute making the tax the personal obligation of the vendor.</p> <p>Taxation — Real Property- — Collection—Personal Liability. In this state, the owner is not personally liable for taxes assessed against his real property; the statutory method of enforcing the same as a lien being exclusive.</p> <p>Municipal Corporations — Local Assessments — Personal Liability. The owner is not personally liable for local improvement assessments upon his real property.</p> <p>Vendor and Purchaser — Specific Performance — Tender—Sufficiency. A tender of the amount due on a contract for the sale of land, in order to entitle the vendee to maintain an action for specific performance, need not include the amount due for taxes and assessments on the land agreed to be paid by the vendee, although the contract calls for a warranty deed; since the vendor is not liable for the same.</p>