Colpe v. Lindblom

Citations

• 57 Wash. 106
• 106 P. 634
• 1910 Wash. LEXIS 705

Syllabus

<p>Vendor and Purchaser — Rescission by Vendee — Tender of Price —Necessity. Where the vendor’s wife was insane and incapable of executing the deed, the vendee may rescind a contract for the purchase of community property without tender of the unpaid purchase price; since a vendor does not have a reasonable time to obtain title.</p> <p>Vendor and Purchaser — Rescission by Vendee — Waiver—Time for Perfecting Title. Where it develops that a vendor’s wife is insane, the vendee’s request that a guardian be appointed to make the conveyances waives his right to a rescission and grants a reasonable time within which to perfect the title.</p> <p>Same — Reasonable Diligence. A vendor did not proceed with reasonable diligence in perfecting his title, so as to avoid a rescission by the vendee, where he was requested in May to secure the appointment of a guardian to make conveyance for his insane wife, the petition therefor was not filed for three months, and an order of sale not made until late in December; especially where just before the order for sale he insisted upon the vendee’s taking title as it was,</p> <p>Same — Tender of Performance. After notice of rescission by the vendee for failure to perfect the title within a reasonable time, tender of performance by the vendor comes too late.</p> <p>Husband and Wife — Property—Domicile. The law of the domicile controls personalty acquired during coverture.</p> <p>Husband and Wife — Community Property — Acquisition in Another State — What Law Governs — Presumptions. Where a husband and wife, married in Arizona seventeen years ago, were keeping house at Nome, Alaska, where his earnings were his separate property, and there was nothing to show whether Nome was their domicile or merely their temporary abode, it will be presumed that the domiciliary law was the same as our own, and that the property was community property.</p> <p>Estoppel — As to Title — By Pleading — Husband and Wife— Vendos and Purchases. Where a vendor, in order