Kiefer v. Carter Contracting & Hauling Co.

Citations

• 59 Wash. 108
• 109 P. 332
• 1910 Wash. LEXIS 1141

Syllabus

<p>Vendor and Purchaser — Contracts — Forfeiture •— Default— Rescission by Vendor. The vendor exercises his option to rescind a contract for the sale of land, and his acts are notice of his intent, where the contract provided for two annual payments, and on failure of the vendee to make the first payment, the vendor mailed written notice of his election to forfeit the contract (which was not received), and later gave verbal notice, and leased the premises to tenants who erected improvements and materially changed the character of the use and possession of the premises.</p> <p>Same — Forfeiture—Prerequisites—Tender. A tender of a deed is not a prerequisite to the vendor’s right to declare a forfeiture of contract for the sale of land, where default was made in the first payment to be made, as there were no mutual and dependent covenants as in the case of the last payment.</p> <p>Specific Performance — Right to — Default in Payment. Equity will not decree a specific performance of a contract to convey land at the suit of a vendee who was in default in making payments, without any excuse for the failure, and time being of the essence of the contract.</p>