Jennings v. Dexter Horton & Co.

Citations

• 43 Wash. 301
• 86 P. 576
• 1906 Wash. LEXIS 696

Syllabus

<p>Vendor and Purchaser — Contract—Repayment on Failure of Title — Default in Payment. The vendee of land is not entitled to repayment of tbe sums paid where be makes default in payments prior to tbe determination of a suit involving the title, when tbe contract for tbe sale, in which time is of tbe essence, was subject to such suit and provided for forfeiture of sums paid as liquidated damages on default in paying installments, and for repayment in case of failure of title, and where tbe vendor bad, after default, served notice of forfeiture.</p> <p>Same — Consideration. Such a contract is not unilateral or without consideration, where at the time it was made a court of competent jurisdiction had sustained the title, from which judgment an appeal was pending; since the vendor’s agreement to sell, and the surrender of its rights to sell to another, constitute two considerations for the vendee’s agreement to purchase.</p>