Croup v. Humboldt Quartz & Placer Mining Co.

Citations

• 87 Wash. 248
• 151 P. 493
• 1915 Wash. LEXIS 1078

Syllabus

<p>Vendor and Purchaser—Forfeiture — Waiver — Mutual Rescission—Action for Purchase Price. There was a mutual rescission of a contract for the sale of mining claims, and the courts will not hesitate to declare a forfeiture as one.that was acquiesced in and leave the parties where they placed themsélves, where it appears that the vendor, two days after an installment note became due, served written notice declaring a forfeiture and also repudiating the contract as invalid, at the same time stating that, if payment was made within two or three weeks, the forfeiture would not be insisted upon, that for some two or three weeks the vendee attempted to secure an extension of time or a renewal contract or temporary working agreement, without success, and did not pay within the period of grace allowed, but shortly thereafter withdrew from possession of the mines; while the vendor did not want to sell at the time of declaring the forfeiture, but later commenced suit upon the installment note.</p>