Constantine v. Caswell

Citations

• 46 Wash. 651
• 91 P. 7
• 1907 Wash. LEXIS 681

Syllabus

<p>Specific Performance — Vendor and Purchaser — Contract for Trade — Performance. Where plaintiff agreed to trade for defendant’s city lots certain personal property upon which there were chattel mortgages, and agreed to secure a discharge of such mortgages, specific performance of defendant’s contract to convey the lots cannot he decreed, where the plaintiff neglected to secure releases of the chattel mortgages, but allowed the personal property to be sold under foreclosure; and this would be true even if the chattel mortgage was to be discharged by substituting a real estate mortgage on the property, where plaintiff failed to meet the defendant at a time agreed upon to complete the arrangements.</p>