Pratt v. Arcadia Orchards Co.

Citations

• 101 Wash. 649
• 172 P. 918
• 1918 Wash. LEXIS 927

Syllabus

<p>Vendor and Purchaser—Contract—Rights of Purchaser—Option and Election—Construction. Under a contract for ten acres of land at the agreed price of $2,500, entitling the purchaser, after paying one-fourth or more of the price, to a deed for a proportionate part upon ceasing payments, “except that no fractional part of an acre.shall he deeded under this provision,” the purchaser, after having paid for more than one-fourth of the land, was entitled to as many acres as his money would pay for; and having been in default prior to the expiration of the contract, a demand by letter for an absolute deed for the acres paid for is a sufficient notice of his election under the option.</p> <p>Same. In such a case, the fact that the purchaser remained in possession of and cultivated the entire tract after the date of the expiration of the contract, does not amount to an election to tahe the entire tract or an abandonment or waiver of his rights under the option and election theretofore matured.</p>