Johnson v. Arcadia Orchards Co.

Citations

• 91 Wash. 289
• 157 P. 685
• 1916 Wash. LEXIS 1044

Syllabus

<p>Vendor and Purchaser — Contract—Remedies of Purchaser — Demand for Deed. Under an installment contract for land, entitling tbe purchaser, after paying one-fourth or more of the price, “at the expiration of five years from the date of the contract,” to a deed for a proportionate part of the land, a demand for a proportional deed made two days after the expiration of the five years is in time, as it is approximately at the expiration of the contract.</p> <p>Same • — • Remedies of Purchaser — Contract — Construction — Breach — Damages. Under a contract for five acres of land at the agreed price of $2,000, entitling the purchaser, after paying one-fourth or more of the price, to a deed for a proportionate part upon ceasing payments, “except that no fractional part of an acre shall be deeded under this provision,” the purchaser, upon breach by the vendor, in refusing to deed one acre after payment of $500 and interest, may elect to recover damages; but being entitled to but one acre, can recover as damages only the agreed upon price therefor, or $400, with interest from the time of ceasing to pay.</p>