Morris v. Columbia Canal Co.

Citations

• 75 Wash. 483
• 135 P. 238
• 1913 Wash. LEXIS 1736

Syllabus

<p>Vendor and Purchaser — Contract—Performance—Title—Remedies op Vendee — Damages—Rescission—Time op Demand. Where a vendee, after paying only part of the purchase price, brought an action for damages because of failure of title, without asking cancellation of the contract, and before trial the defendant acquired title and tendered a conveyance, the plaintiff is not entitled to amend his complaint or seek a rescission of the contract; since the plaintiff was not damaged until the contract matured, and the subsequent acquisition- of title and tender of conveyance before maturity of the contract was a full performance of it.</p>