Parkhurst v. Dickinson

Citations

• 41 Wash. 420
• 83 P. 895
• 1906 Wash. LEXIS 980

Syllabus

<p>Vendor and Purchaser — Attempted Rescission by Vendee — D© fect in Title — Failure to Tender Reconveyance — Liability to As’ signee of Vendor foe Balance of Purchase Price. Where a conveyance of land was made subject to approval of tbe title by tbe vendee, in consideration of $500 in cash, $500 to be paid on approving tbe title, and tbe balance by tbe discharge of a debt due from tbe vendor to tbe vendee, and pending tbe approval of tbe title the vendor assigns tbe contract for tbe $500 still due, to a third person, tbe vendee cannot, on finding the title defective, rescind tbe contract without tendering a reconveyance; and where rescission was attempted but found impracticable because of tbe vendor’s -inability to return tbe money paid, and the vendee sold the land in an attempt to reimburse himself for the money paid and the previous indebtedness, he affirms the contract, and is liable to the assignee thereof for the balance due on the purchase price (Root, J., dissenting).</p>