Finch v. Sprague

Citations

• 117 Wash. 650
• 202 P. 257
• 1921 Wash. LEXIS 917

Syllabus

<p>Vendor and Purchaser (53) — Rescission by Vendor — Election to Rescind and Notice. Under a contract for the sale of land, which provided that there should be no forfeiture unless ten days’ notice were given the purchaser, a failure to give such notice and the giving instead one abrogating the contract, entitled the purchaser to rescind and sue for damages.</p> <p>Same (86) — Contract—Performance—Title of Vendor — Waiver of Defects and Objections. A vendor may contract to sell land he does not own, it being incumbent on him to have title at the contractual date of delivery, and knowledge by purchaser of the vendor’s want of title does not constitute either waiver or acquiescence.</p> <p>Same (94) — Performance of Contract — Payment of Pubchasb Money — Tender. Failure of a purchaser under a contract for the conveyance of land to tender the price or offer to perform on the date stipulated for performance would not place him in default, where he has knowledge the vendor is not in a position to convey the lands.</p> <p>Same (161) — Remedies of Purchaser — Recovery of Purchase Money — Partial Failure of Title — Rescission. Where a contract for the conveyance of land has been rescinded by the vendor, the purchaser is entitled to abandon the contract and recover the portion of the purchase price paid thereon.</p> <p>Same (171) — Remedies op Purchaser — Recovery of Purchase Money — Defenses—Tender of Performance. Where a vendor, under a contract to convey, has declared a forfeiture or renunciation of the contract, and the purchaser has relied thereon and begun an action for damages, the vendor cannot reinstate the contract by an offer to perform.</p> <p>Same (64) — Rescission by Purchaser — Estoppel or Waiver. An allegation in a complaint by a purchaser for damages for failure of a vendor to perform a contract to convey that he “would now be willing to perform his contract but for the fact the defendants have placed it out of their power to perform,” would not constitute