Ihrke v. Continental Life Insurance & Investment Co.

Citations

• 91 Wash. 342
• 157 P. 866
• 1916 Wash. LEXIS 1058

Syllabus

<p>Vendor and Purchaser — Contracts—Breach—Remedies of Vendee — Lien for Money Paid. Where the completion of an executory contract for the sale of land is prevented by the default or wrongful act of the vendors, who have put it beyond their power to convey, the vendee is entitled to a lien upon the land for the amount paid on the purchase price, as against the. vendors and subsequent purchasers with notice.</p> <p>Same. The right to such a lien is not affected by the fact that, in this state, there is no vendor’s lien upon the lands for unpaid purchase money.</p> <p>Same. The refusal of a vendee to make further payments on an executory contract for land, after the vendors prevented completion of the contract by putting it out of their power to convey, and the commencement óf a suit for rescission and damages, does not constitute such a rescission of the contract as to prevent the vendee from claiming a lien on the land for the amounts paid on the purchase price.</p> <p>Same — Contract—Mutual Covenants — Breach—Rescission. An agreement in an executory contract for land to convey a bearing orchard, to be planted and matured by the vendors prior to the payment of the last installment of the purchase price, is not an independent covenant, but the covenants were mutual and dependent, without separation in regard to the consideration, and breach of such clause is ground for rescission.</p> <p>Same — Remedies of Vendee — Rescission—Waiver. The refusal of a vendee to make further payments on an executory contract for land, after the vendors prevented completion of the contract by putting it out of their power to convey, is not a default by the vendee which would forfeit the right to relief.</p> <p>Limitation of Actions — Implied Liability on Written Contract. Semble, that an action by a vendee in an executory contract for land, for a rescission, and the recovery of purchase money paid and to have the amount declared a lien on the land, on account of the fraudulent represent