McIntyre v. Johnson

Citations

• 66 Wash. 567
• 120 P. 92
• 1912 Wash. LEXIS 807

Syllabus

<p>Contracts — Construction Performance or Breach — Vendor and Purchaser. Where defendant agreed to procure plaintiffs the title to land at the purchase price of $450 per acre, which would make the price $6,750, and agreed that with plaintiffs’ payment of $3,750 cash, he would pay off all past due claims against the land, leaving only a note of $3,000 coming due in January to be assumed by the plaintiffs, his failure to pay $533 interest then due on the $3,000 note is a breach of his contract, for which he is liable in damages.</p> <p>Vendor and Purchaser — Contract—Breach—Remedies of Vendee —Damages. Where a contract for the conveyance of land is breached by the failure to pay off a claim against the land, the vendee may retain the land and- sue for damages for breach of the contract, without offering to rescind.</p> <p>Brokers — Contract — Liability to Purchaser — Principal and Agent. Where the owners authorized defendant to sell land to reimburse himself for indebtedness and to retain any excess as pay for his services in making the sale, defendant’s agreement with plaintiffs, the vendees, to procure a clear title and to discharge all claims against the land for a specified sum, is his personal contract, and the owners are in no way liable thereon; as the contract could be enforced only against parties thereto.</p> <p>Appeal — Decision—Remand. Upon reversing a nonsuit, granted at the close of plaintiffs’ case, the case must be remanded for a new trial, notwithstanding that the testimony of the defendant, when called as a witness for the plaintiff, indicates that the plaintiff would be entitled to judgment; since the defendant cannot be foreclosed from making his defense.</p>