McDougall v. O'Connell

Citations

• 72 Wash. 349
• 130 P. 362
• 1913 Wash. LEXIS 1461

Syllabus

<p>Mines and Minerals — Sales—Option to Rescind — Reasonable Time — Notice—Sufficiency. A contract to return the purchase price of mining property “at the end of three years,” if the purchaser is dissatisfied, allows a reasonable time after the expiration of the three years to give notice of dissatisfaction; and a notice is timely where it was, within two months, mailed to the party’s address, where his family resided, two weeks prior to his expected return from the interior of Alaska where he had been for some time.</p> <p>Same — Option to Rescind — Construction. Under an agreement to return the purchase price of mining property, within a limited time if the purchaser “is dissatisfied” with the property, he need not show reasonable grounds for his dissatisfaction.</p> <p>Same — Option to Rescind — Condition Precedent. Under an agreement to return the purchase price of mining property, at the end of three years, if the purchaser is dissatisfied, “he keeping up his share of the assessment work,” failure to meet the assessment for the last year does not forfeit the purchaser’s right to rescind, where no demand was made upon him for the payment of his portion, and assessments for the two previous years had not' been met until the work was done and request for payment made; no assessment work having been done the last year (Morris, J., dissenting).</p>