Crosby v. Wynkoop

Citations

• 56 Wash. 475
• 106 P. 175
• 1910 Wash. LEXIS 829

Syllabus

<p>Vendor and Purchaser — Title oe Vendor — Sufficiency. A contract to furnish, “a good title shown by abstract,” is not performed, and the vendee is not compelled to accept the title, where the vendors claimed under a deed from certain persons claiming to be heirs of another, who died many years ago without administration on her estate, and there was nothing of record to show who were her heirs at law except the ex parte affidavit of her husband.</p> <p>Same — Contract—Performance—Failure of Title. Upon failure of the vendors to make a title good, under a contract of sale providing that if the title is not good or cannot be made good in ten days the contract shall be null and void and all payments made refunded, the purchaser is entitled to a return of purchase money, but cannot recover damages for breach of contract- to convey.</p> <p>Same — Failure of Title — Measure of Damages. The measure of damages for breach of a contract of sale by reason of failure of the vendor’s title, is the purchase price paid with interest, where the vendor acted in good faith and without intentional fault.</p>