Heinemann v. Sullivan

Citations

• 57 Wash. 346
• 106 P. 911
• 1910 Wash. LEXIS 754

Syllabus

<p>Husband and Wife — Contracts—Vendor and Purchaser — Ratification by Wife. The execution of a deed by the wife, within the time required by a contract of sale made by the husband alone, ratifies the contract and renders it binding on the vendee.</p> <p>Vendor and Purchaser — Alteration of Contract — Rescission by Vendee — Estoppel. A contract for the sale of land cannot be rescinded by the vendee because of unauthorized alterations in the contract, where the alterations made were for his benefit and he was informed thereof and made no objection at the time.</p> <p>Alteration of Instruments — -Instructions—Materiality. Upon an issue as to whether material alterations were made in a contract for the sale of land, an instruction assuming that the alteration would be material if made without consent of the vendee does not submit the materiality of the alteration to the jury.</p> <p>Same. Upon an issue as to whether material alterations were made in a contract for the sale of .land, an instruction authorizing the jury to find for the defendant if the plaintiffs signed the contract with alterations “making a deviation in a material matter,’’ is not objectionable as submitting the question of alterations, which were admitted, where there was evidence to support the contention that the alterations were made upon the authority of the defendant, the contest being upon the question of such assent.</p> <p>Same. Upon a contest as to whether the vendee consented to alterations in a contract for the sale of land, an instruction to the effect that the vendee would not be liable if material alterations were made, unless the matters inserted were part of the original agreement, is not so broad as to inform the jury that the vendors had a right to alter a written contract to conform to a previous oral agreement without the consent of the vendee.</p>