Opsjon v. Evard Engebo

Citations

• 73 Wash. 324

Syllabus

<p>Vendor and Purchaser — Rescission by Vendee — Time for Performance — Waiver. A vendee cannot rescind a contract to purchase land for delay in conveying a good title within the time fixed in the essence clause, where, after the expiration of such time, he encouraged the vendor to prosecute a suit to remove a cloud upon the title, accepted the first installment of interest, and consented to further delay in order to secure the filing of a townsite plat, and later sought to terminate the contract without surrendering possession of the lot; siDce the time agreed upon was waived and there was no default until after demand made and a reasonable time had elapsed.</p> <p>Same — Performance—Deed—Description—Definiteness. A description in a deed tendered in compliance with a contract to convey is not indefinite where it conveys the identical property agreed upon and a mathematical calculation discloses that it is easily susceptible of identification.</p> <p>Same — Performance—Contracts—Construction. Rem. & Bal. Code, § 7831, requiring any person who shall lay off a townsite to record the plat before making conveyances does not apply to one who agrees to convey a lot in an unrecorded plat laid off by his predecessors.</p>