Clutter v. Strange

Citations

• 41 Wash. 86
• 82 P. 1028
• 1905 Wash. LEXIS 1073

Syllabus

<p>Reformation of Instruments — Mistake—Evidence—Sufficiency, A claim that there was a mistake in a contract agreeing to convey a certain number of acres of a tract of land, in not describing a certain tract, entitling a party to a reformation, is not sustained where the evidence of one witness to that effect is contradicted by the other party and by the attorney who drew up the contract.</p> <p>Vendor and Purchaser — Contracts — Construction — Conditional or Absolute Sale. A contract whereby the defendants undertook to redeem the land of another from certain mortgage and judgment liens, furnish him a place to live, pay him an annuity, and reconvey a quarter section thereof after full reimbursement for their expenses, amounts to an absolute and not a conditional sale to the defendants, except as to the part to be reconveyed, and that part only is held in trust for the former owner.</p> <p>Same — Rescission by Purchaser — Breach—Fraud—Failure to Keep Accounts — Effect. Where the grantees of certain premises undertook to redeem the same from mortgage and other liens, and to reconvey a part, after full reimbursement for their advances out of the rents, issues and profits of the land, the foreclosure of the mortgage in the interest of the grantees for the purpose, as claimed, of perfecting title, will not be presumed fraudulent as to the owner so as to work a forfeiture of the contract, nor will the failure to keep account of the rents, issues and profits have such effect.</p> <p>Same — Failure of Title — Excuse for Performance. Grantees Who undertake to recover a portion of the premises conveyed to them, upon reimbursement for advances made, are not freed from their obligation to reconvey by reason of a partial failure of the title of their grantor, where they acquired the title to such part at one-half its market value, which sum, at most, they could claim as an additional indebtedness against the property.</p> <p>Accounting — Contracts—Advancements—Rents and Profits