Roy v. Vaughan

Citations

• 100 Wash. 345
• 170 P. 1019

Syllabus

<p>Vendor and Purchaser — Contracts — Default — Remedies of Vendor. Upon default in payment upon an ordinary contract for the sale of land wherein the vendor retains legal title as security for the payment of the purchase price, the vendor may affirm the contract and seek enforcement by either suing at law or foreclosing in equity, as in the case of a mortgage, in which case the judgment may make the amount due a lien upon the property.</p> <p>Election of Remedies — Amendment of Complaint. Where a vendor’s remedy hy forfeiture of a contract was unavailable because of the failure to tender a deed before suit brought, his complaint for a forfeiture cannot be set up as an effectual election of remedies to bar an amended complaint affirming the contract and seeking foreclosure and recovery of the purchase price; since a mistake in a remedy is not an election.</p> <p>Vendor and Purchaser — Modification of Contract — Validity. An oral modification of a contract for the sale of land, fully executed and performed, will be recognized as valid.</p>