Mayes v. Martell

Citations

• 87 Wash. 105
• 151 P. 247
• 1915 Wash. LEXIS 1063

Syllabus

<p>Vendor and Purchaser — Rescission by Purchaser — Cloud on Title. A judgment against the vendee in a contract for the sale of land, suffered by him to become a lien on the property subsequent to the execution of the contract, is not ground for rescission of the contract by the vendee’s assignee; since the vendor is not bound to remove a cloud placed on the property by the vendee, and the assignee takes only the title of his assignor.</p> <p>Same. Such vendee does not better his position or that of his assignee, by revoking the contract and substituting another running to a corporation of which he is the sole stockholder, as they are in effect one and the same person.</p> <p>Same—Contracts—Assignment — Rights oe Assignee. An assignee of a recorded contract for the sale of land is bound only by the terms of the contract assigned to him; and cannot be held for subsequent promises of the vendee to which he was not a party and of which he had no notice.</p>