Herrick Improvement Co. v. Kelly

Citations

• 65 Wash. 16
• 117 P. 705
• 1911 Wash. LEXIS 892

Syllabus

<p>Principal and Agent — Authority of Agent — Notice. An agreement by persons holding an option on lands to install a water system is not binding upon the owners of the land, as an agreement by agents, where the purchaser, before closing the deal, had notice that it was not authorized and would not be performed by the owners.</p> <p>Vendor and Purchaser — Option—Assignment op Equities — Effect. Where persons holding an option on land were compelled to default and assigned their equities to the owner, after making a contract of sale of certain lots with their personal agreement to install a water system, the acceptance of the assignment does not bind the owner to install the water system, the owner having refused to agree thereto when the sale was made by the holders of the option.</p> <p>Vendor and Purchaser — Contract — Breach — Damages — Evidence — Sufficiency. Damages to the purchaser of lots by reason of failure to install a water system within ninety days is not shown by evidence of values with and without water during the period before installation, where there was no evidence that the property could have been sold at an advance prior to the time when the water was installed.</p> <p>Same — Performance op Contract — Conveyance by. Successor. A contract by a vendor, “its successors or assigns” to convey land by a good and sufficient, deed of “special” warranty, is sufficiently performed by a conveyance from one to whom the land had been conveyed.</p> <p>Same — Contracts—Forfeiture—Payment of Price — Excuse for Delay — Title—Relief in Equity. A court of equity will grant to the vendees, whose contract was forfeited by reason of default in a payment, “a period of grace,” within which to make the payment, where it appears that the holder of the title when the sale was made was a trustee under an unrecorded and undisclosed trust, various transfers of interests and equities had been made without disclosing the real cestui que trust, and the vendees entertained a real