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· 4/29/1909

Sandstone Brick & Lime Co. v. Lawler

Citations

  • 53 Wash. 10
  • 101 P. 360
  • 1909 Wash. LEXIS 1262

Syllabus

<p>Evidence — Parol Evidence to Vary Writing — Vendor and Purchaser — Contracts. Where, by the terms of a contract to purchase land, a cash payment of $19,000 is to he made in 90 days, time is made of the essence, an abstract of title is to be furnished and five days allowed for examination, and if the title is not good or cannot be made good within sixty days the contract is to be void and earnest money refunded, parol evidence is inadmissible to show an understanding that one-ninth of the title was held by minor heirs whose interest was to be acquired by probate proceedings, and that the abstract was not to be furnished until such title was acquired; as the contract cannot be varied by parol, and there is no such ambiguity in the contract as to permit parol evidence to explain it.</p>

Judges: Mount

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