Mauk v. Lee

Citations

• 66 Wash. 184
• 119 P. 185
• 1911 Wash. LEXIS 1038

Syllabus

<p>Principal and Agent •— Authority — Power oe Attorney — Construction. A power of attorney for the transaction of the business of a firm, and to be “my personal representative in . . . any other matters that may arise during my absence demanding personal attention,” authorizes the agent to conclude negotiations relating to a sale outside of the firm business, especially when construed in connection with correspondence relating to the subject.</p> <p>Vendor and Purchaser- — Contract — Rescission by Vendee— Tender — Evidence—Sufficiency. Under a contract of sale making time of the essence, in which the vendor. agreed to furnish an abstract of title and deed within a specified time, the purchaser is entitled to rescind the contract where he made demand for the deed and tendered the purchase price to the vendor’s authorized agent, the vendor being abroad, at the time fixed, and no deed or abstract was furnished until four days after demand and after notice of rescission. •</p> <p>Same — Rescission by Vendee — Conditions Precedent. Neither the recording of the assignment of a contract for the purchase of land, nor the tender of a quitclaim deed, are conditions precedent to a rescission of the contract on account of the default of the vendor in furnishing an abstract and deed.</p>