Myers v. Calhoun, Denny & Ewing

Citations

• 85 Wash. 689
• 149 P. 19
• 1915 Wash. LEXIS 1302

Syllabus

<p>Vendor and Purchaser — Rescission by Purchaser — Misrepresentations — Sufficiency of Evidence. Rescission of a contract for the sale of land will not be granted for fraud in representing that the land was adapted to the raising of high grade winter apples, where the testimony as to the adaptability of the land for orchard purposes was conflicting and there was testimony to the effect that alfalfa was prospering on the land, that the plaintiffs spent only a few months on the land preparing it for irrigation and planting, and after finding that the expense was greater than they anticipated, sought to get a reduction in the price; that plaintiffs, while not practical farmers, possessed the powers of observation and judgment and had opportunities to observe the soil and condition of neighboring orchards planted upon land of the same character; and did not attempt to rescind until more than two years after the purchase, at a time when they were in default upon payments due, lien claims had been filed against the land for work thereon, the lands in that locality had depreciated in value, and attempts to resell the property had failed.</p> <p>Vendor and Purchaser — Rescission by Vendor — Waiver—Necessity op Demand. Where the purchasers under a real estate contract for the sale of land on time payments are waging an action of rescission and thus repudiating the contract, they are not in a position to insist that no forfeiture could be declared by the vendor for nonpayment of installments due without demand made and the lapse of a reasonable time for compliance therewith.</p>