Garvey v. Barkley

Citations

• 56 Wash. 24
• 104 P. 1108
• 1909 Wash. LEXIS 839

Syllabus

<p>Vendor and Purchaser — Contract—Default—Forfeiture. Where a contract for the purchase of land provided for the payment of an installment and accrued interest on a certain date at a bank in A., and made time of the essence with the right to declare a forfeiture for default, mailing a draft at S. on the due date, for the amount due less interest, is not a sufficient tender, where three days was required for the mail to arrive at A., and notice of election to forfeit the contract may at once be given.</p> <p>Same — Estoppel to Declare Forfeiture. The acceptance of the first installment upon a contract to purchase land, without accrued interest, does not estop the vendor from electing to declare a forfeiture on the purchaser’s failure to pay the second installment with accrued interest, on the date it is due.</p>