Eby v. Larkin

Citations

• 53 Wash. 454
• 102 P. 236
• 1909 Wash. LEXIS 1344

Syllabus

<p>Appeal — Review—Riqht to Appeal — Estoppel. That the appellant, after an announcement of an erroneous conclusion of law therein, duly excepted to, prepared the findings, conclusions, and judgment in accordance with the decision, does not preclude him from appealing therefrom on the theory that he invited the error, having contested the matter all the way.</p> <p>Vendor and Purchaser — Breach—Remedies oe Vendee — Recovery oe Price. Where vendors extended the time of payment of installments on a land contract, of which time was not the essence, so that there was no forfeiture, a vendee is entitled to recover payments made after the vendors have put it out of their power to convey by deeding the land to another.</p>