Secombe v. Fuller

Citations

• 50 Wash. 666
• 97 P. 805
• 1908 Wash. LEXIS 802

Syllabus

<p>Vendor and Purchaser — Contract to Convey — Performance— Waiver op Time Limit — Specific Performance. There is a waiver of the thirty-day time limit for perfecting title to land agreed to be sold, rendering the contract binding on the vendor and subject to specific performance, where it appears that a corrective deed was required from an eastern party, which the vendor wrote for, and upon answer being received that the party was dead but that steps would be taken to secure a correction through court proceedings, the vendor acquiesced in the statement of her agent that the only thing to do was “to wait until the deed comes,” which could not be within the thirty days; that correspondence was had with reference to securing the deed, and no return of earnest money paid to the vendor was tendered to the vendee for sixty days, who refused to receive it, or accept a part only of the land; and the vendee tendered the full price as soon as she learned of the arrival of the corrective deed.</p>