Schaefer v. E. F. Gregory Co.

Citations

• 112 Wash. 408
• 192 P. 968
• 1920 Wash. LEXIS 777

Syllabus

<p>Eminent Domain (93)—Persons Entitled—Vendee—Executory Contract. The vendee in a forfeitable executory contract for the purchase of land acquires no title to or 'interest in the land until the contract is fully performed, and hence is not a “party interested” or entitled to the award in condemnation proceedings to acquire land for the Camp Lewis army post, under Laws of 1917, p. 2, ch. 3.</p> <p>Vendor and Purchaser (160)-—-Remedies of Purchaser-—-Recovery of Price—Failure of Title. The vendor’s breach of the contract through inability to con'/ey title by reason of the condemnation of the property for the uses of the government, constitutes a complete failure of consideration, entitling the vendee to recover all sums paid by him on the contract.</p>