Gasaway v. Ballin

Citations

• 57 Wash. 355
• 106 P. 905
• 1910 Wash. LEXIS 756

Syllabus

<p>Tenants in Common — Trusts—Vendor and Purchaser. Where the holder of a title to lands agrees, by a written contract, to convey a one-half interest to another, upon payment of specified sums constituting one-half of the original purchase price, they are not tenants in common, and the title holder is not a trustee for the other, their rights being fixed by the written contract.</p> <p>Vendor and Purchaser — Contracts—-Rescission by Vendor. The holder of the legal title to lands may by notice abrogate a contract whereby he had agreed to convey a one-half interest to ■ another on the payment of specified sums, where the other party violated the provisions of the contract requiring him, in the case of a sale of lots, to pay one-half of the money received to the title holder and to apply the other half upon an indebtedness secured by mortgage on the property.</p> <p>Limitation op Actions — Accrual—Vendor and Purchaser — Contract to Convey. Where the rights of the parties are fixed by a written contract requiring a grantee to reconvey a one-half interest to the grantor on the payment of specified sums, the grantor’s right of action on the contract accrues when the grantee gives a written notice abrogating the contract for the default of the grantor, and is barred six years thereafter.</p>