Garrison v. Newton

Citations

• 96 Wash. 284
• 165 P. 90

Syllabus

<p>Pleading — Amendment — At Trial — Discretion. It is not an abuse of discretion to permit a trial amendment to the answer that is germane to the issues, objected to on the ground of surprise, where the court offered to grant a continuance, which plaintiff declined, preferring to go to trial.</p> <p>Vendor and Purchaser — Rescission by Vendee — Time to Perfect Title — Waiver. Where time is not of the essence of the contract, the vendor has a reasonable time within which to perfect his title, and two and one-half months will not be held an unreasonable time, where the vendee did not promptly rescind and was not injured by the delay, hut acquiesced in the delay in order to allow the vendor to save expense, until the arrangements were being brought to a head.</p>