Reard v. Ephrata Orchard Homes Co.

Citations

• 78 Wash. 180
• 138 P. 678
• 1914 Wash. LEXIS 995

Syllabus

<p>Vendor and Purchaser — Rescission by Vendor — Forfeiture-Tendered Deed. Where payments prior to the last one due upon an executory contract for the sale of land had not been paid and were in default, the contract may be forfeited on notice, as provided therein, without any tender of the deed, since such payments were independent of the covenant to convey.</p> <p>Frauds, Statute of — Conveyance of Land — Oral Contracts. An oral contract changing the terms of a written contract for the sale of land is void, within the statute of frauds, unless partly performed; hence where an option was orally given to the purchaser to take up certain papers placed in escrow, for two months, and nothing was done to exercise the option, the vendor had the right to withdraw the escrow.</p> <p>Vendor and Purchaser — Contracts—Defaults—Defects in Title. A defect in title is no excuse for failure to make all payments except the last one on an executory contract for the sale of land; as it is enough if the title be good at the time of making the final payment.</p>