Douglas v. Hanbury

Citations

• 56 Wash. 63
• 104 P. 1110
• 1909 Wash. LEXIS 846

Syllabus

<p>Vendor and Purchaser — Contract—Forfeiture—Default in Payment — Waiver. Where seventeen monthly installments on a -land contract were paid and accepted from a few days to a few months after maturity, the vendors waive a provision making time of the essence of the contract, and a forfeiture could not thereafter be declared without demand for payment or specific notice.</p> <p>Same — Notice of Forfeiture — Sufficiency. After waiver of a provision making time of the essence of a contract to convey land, testimony by the vendor that he mailed a letter notifying the vendee of an installment falling due, and that he must be ready with the money, is not sufficient to show notice of a specific intent to declare a forfeiture, receipt of the letter being denied.</p>