Empey v. Northwestern & Pacific Hypotheekbank

Citations

• 129 Wash. 392
• 225 P. 226
• 1924 Wash. LEXIS 760

Syllabus

<p>Vendor and Purchaser (63) — Rescission by Vendee — Defect in Title- — -Evidence—Sufficiency. A vendee may rescind a contract of purchase where a survey of the lot disclosed that the house supposed to be thereon extended for some distance over the line, the true location of the line was in dispute, and the property is less valuable than it would be were the line as represented.</p> <p>Same (64) — Rescission by Vendee — Estoppel. The lapse of three years, or any time short of the statute of limitations, does not estop a purchaser or bar an action to recover for a defect in title to that part of the premises occupied by the dwelling which extended over the supposed line of the lot purchased.</p> <p>Same (67) — Rescission by Vendee — Actions—Conditions Precedent — Restoration of Possession of Lands. Remaining in possession, after discovering a cloud on the title, does not estop the purchaser from rescinding; since tender of restoration is not a condition precedent where plaintiff shows a willingness to do equity.</p> <p>Same (75) — Rescission — Operation and Effect — Rents and Profits — Right to Offset. Where a rescission is sought because of failure of title to part of the premises, the vendee waives the benefit of his bargain, and the vendor may offset the rental value of the property, occupied for a considerable period, against interest on the purchase price paid, but not against the purchase price paid.</p> <p>Same (184) — Measure of Damages — Payment of Taxes and Insurance. Upon rescission by the vendee for defect of title, under a contract requiring the vendee to pay taxes and assessments during the term of the contract, the payments were part of the purchase price, of benefit to the vendor, which should be returned to the vendee.</p>