Newell v. Lamping

Citations

• 45 Wash. 304
• 88 P. 195

Syllabus

<p>Vendor and Purchaser — Option—Tender of Title — Specific Performance. A receipt for purchase money, containing a memorandum of the sale of real property “conditioned on furnishing a good and sufficient title within thirty days,” is not a mere option expiring at the end of thirty days, but a contract of sale which may be specifically enforced within a reasonable time thereafter, in the absence of a demand and tender of title by the vendor within the thirty days.</p> <p>Same — Performance—Delay of Vendee — Tender of Title. A delay of twenty-five days in tendering a balance due upon a purchase of real estate which was to have been completed “thirty days from date,” is not, as a matter of law, unreasonable so as to work a forfeiture of the contract, where an abstract of title promptly ordered was not delivered in time therefor, and the vendor made no demand or tender of title prior to demand for a deed by the vendee.</p> <p>Same — Pleading—Allegation of Title. In an action by a vendee for the specific performance of a contract to convey real estate “conditional on furnishing a good title,” a complaint sufficiently alleges title in the vendor, as against a general demurrer, where it shows a tax title which the vendee is willing to accept.</p> <p>Contracts — Evidence. Evidence of an oral understanding entered into between the parties at the time of making a written contract to convey real estate is inadmissible to contradict the terms of the writing.</p>