Moran & Co. v. Palmer

Citations

• 36 Wash. 684
• 79 P. 476
• 1905 Wash. LEXIS 651

Syllabus

<p>Vendor and Purchaser — Agreement to Sell Land — Non-paymeent of Price — Forfeiture—Notice. Where a purchaser of lots goes into possession and makes improvements under an agreement to pay a certain price within a specified time, but fails to make any payment for more than a year and a half after the same is due, the recording of a deed by the vendor to another purchaser is constructive notice that a forfeiture has been declared.</p> <p>Same — Acquiescence in Forfeiture. In such a case, where the purchaser makes no offer to pay for several years, but states that he will buy the property when he can get it at a satisfactory price, he acquiesces in the forfeiture of the contract.</p> <p>Quieting Titee — Possession of Premises — Stipulation as to' Tenant. An action to quiet title to premises, which are in the possession of a tenant under lease from both parties, should not be dismissed because the plaintiff is not in possession, where a stipulation was entered into between the parties that the tenant should pay no rent until the termination of the action, and should then pay to the prevailing party, since thereby the question of possession is treated as immaterial.</p>