Edwards v. Heaton

Citations

• 101 Wash. 595
• 172 P. 839

Syllabus

<p>' Vendor and Purchaser—Forfeiture—Payments—Extension of Time—Construction. A three-year extension of time for the payment of installments “hereinafter to become due” on a land contract given in consideration of an agreement that the vendee and another. should take over the purchase of certain property and divide the profits with the vendor, cannot he relied upon to prevent forfeiture of the contract for nonpayment of installments, where (1) there was at the time the extension was made an overdue payment not included in the terms of the extension “hereinafter to become due,” and (2) where there was a failure to comply with the conditions as to purchasing the other property and dividing the profits.</p> <p>Same—Remedies of Vendor—Forfeiture—Relief Feom—Equity. In such a case, where default in payments were due to a misconstruction of the extension agreement, equity will not enforce an unconditional forfeiture of the contract at the suit of the vendor, where the remedy would be a harsh one, but will give the vendee an opportunity to pay up on the contract.</p>