Gottschalk v. Meisenheimer

Citations

• 62 Wash. 299
• 113 P. 765
• 1911 Wash. LEXIS 696

Syllabus

<p>Appeal — Review—Harmless Error — Pleadings. After a trial on the merits in an action tried to the court without reference to technical rulings on the pleadings, assignments of error on such rulings will not be reviewed.</p> <p>Vendor and Purchaser — Forfeiture;—Notice—Necessity—Tender op Payments — Time for. Where a vendee -in default was given an alternative notice to pay up on or before a certain date or the contract “will be forfeited,” a tender of all sums due, made before formal notice of forfeiture, although after the date fixed, is in time and entitles the vendee to performance on the part of the vendor.</p> <p>Vendor and Purchaser — Contracts—Agreement for Warranty— Passing Title Through Third Person. A vendor agreeing to execute or cause to be executed a good and sufficient warranty deed cannot convey or assign his rights to a third person, and compel the vendee to accept a warranty deed from such person; and it is immaterial that the legal title was held in trust for him by still another party at the time his contract of sale was made.</p> <p>Same — Forfeiture — Defaults — Waiver — Tender by Vendor. Where the vendor has allowed all the payments on a contract of sale to become past due, he cannot declare a forfeiture of the contract without tendering a deed and performance on his part.</p> <p>Tender — Objections—Estoppel. The refusal of a tender on the ground that it was not made in time, precludes the party from subsequently objecting that it was not sufficient in amount.</p> <p>Vendor and Purchaser — Forfeiture—Demand—Tender—Amount Due. Upon an alternative notice by a vendor asserting a default and requiring the vendee to pay in full or forfeiture would be declared, upon a tender of the full amount before forfeiture, the full amount becomes due ipso facto.</p>