Roberts v. White River Water Power Co.

Citations

• 30 Wash. 430
• 70 P. 1104
• 1902 Wash. LEXIS 705

Syllabus

<p>SALE OF LAND FOB BIGHT OF WAY-CONSTEUCTION OF CONTBACTSPECIFIC PEBFOBMANCE.</p> <p>An agreement by plaintiff in consideration of the sum of $200, the receipt of $160 of which is acknowledged, to convey defendant a right of way across his lands according to a certain line of survey; that defendant should have the right to enter upon the lands for the purpose of constructing a ditch along the proposed right of way, across which defendant agreed to construct a bridge at a point to be designated by plaintiff; and that, in consideration of the premises, the plaintiff agreed to execute a good and sufficient conveyance, on or before one year from date, upon the payment of the balance of $40 in cash, is not an option, but a mutual contract of sale of land, enforceable by defendant after the lapse of the year, inasmuch as time is not made of the essence of the contract, and for the reason that delay in payment of an inconsequential portion of the purchase price would not be sufficient of itself to justify forfeiture.</p>