Richardson v. Sears

Citations

• 74 Wash. 499
• 133 P. 1010
• 1913 Wash. LEXIS 2084

Syllabus

<p>Contracts — Performance or Breach — Forfeiture—Waiver. The right to forfeit a contract whereby plaintiff was to clear land by May 1st, 1905, receiving a specified portion of the land as pay for his services, is waived where the owners acquiesced in delay and encouraged the continuance of the work until November 1908, when the work was practically finished and the land had greatly increased in value, at all times allowing plaintiff and persons advancing money to him for the work to understand that the contract was still in force.</p> <p>Contracts — Medium of Payment — Construction. A contract for the clearing of land providing that the contractor is to be compensated at the rate of $125 per acre by having conveyed to him a portion of the land at the valuation of $700 per acre, does not leave it optional with the owners to pay either in money or land; especially where further provisions gave the owners a lien on the contractor’s portion of the land for rent falling due, and prevented him from erecting structures thereon which would be nuisances in the neighborhood.</p> <p>Contracts — Construction. A contract agreeing to convey specified portions of a tract of land in consideration of clearing the tract does not entitle the contractor to “shore lands” in front of his portion of the tract.</p> <p>Specific Pebfoemanoe — Defenses—Delay—Effect. Specific performance of a contract to convey land in consideration of services rendered will not be defeated by long delay in completing performance, during which time the land had greatly increased in value, where the contractor prosecuted the work in good faith and the owners acquiesced in the delay and urged completion of the work, and the owners were in no way prejudiced.</p>