Munson v. McGregor

Citations

• 49 Wash. 276
• 94 P. 1085
• 1908 Wash. LEXIS 566

Syllabus

<p>Vendor and Purchaser- — Failure to Convey — Remedies of Vendee —Evidence of Performance — Principal and Agent — Authority of Agent. In an action for damages for breach of a vendor’s agreement to convey property sold to the plaintiff, 'evidence that the vendor’s agent requested further time on behalf of the plaintiff, and stated that plaintiff refused to complete the purchase, is inadmissible and insufficient to support findings in favor of the defendant vendor as to the vendee’s nonperformance, where it appears that the agent was not authorized to represent or hind the plaintiff.</p> <p>Same — Necessity of Tender by Purchaser. A tender of performance by a vendee is not necessary before bringing action for damages for the vendor’s failure to convey, where the vendor had sold the property to another and put it out of his power to perform his contract.</p> <p>Same — Ability to Perform — Evidence—Sufficiency. A finding that a vendee was not able to perform his part of a contract calling for certain payments is not warranted by evidence that he had arranged to secure the money from a third party, as the same would be prima facie evidence of ability to perform.</p> <p>Same — Breach by Vendor — Damages. Upon a vendor’s refusal to convey property and a wrongful sale thereof to a third person at the advanced price, the best evidence of the vendee’s damages may he the excess of the advanced price, plus earnest money paid, where there was evidence, that the value exceeded the contract i>rice and the property was of a fluctuating value.</p>