Shorett v. Knudsen

Citations

• 74 Wash. 448
• 133 P. 1029
• 1913 Wash. LEXIS 2076

Syllabus

<p>Vendor and Purchaser- — Contract—Forfeiture—Waiver. Tbe receipt by tbe vendor of all installments except tbe last one, some time after tbey became overdue, waives a provision making time of tbe essence of tbe contract.</p> <p>Specific Performance — Defenses—Assignment. An assignment by tbe vendee of a land contract to secure or in payment of a physician’s bill, does not defeat specific performance on bebalf of tbe personal- representatives of tbe deceased vendee, where tbe physician claimed nothing under tbe assignment but filed bis bill with tbe administrator and took judgment for tbe amount due him.</p> <p>Witnesses — Competency—Transactions With Deceased. In an action for specific performance, brought by tbe administrator of tbe vendee’s estate, tbe defendant cannot testify that be informed tbe decedent that tbe contract was forfeited, in view of Rem. & Bal. Code, § 1211, excluding tbe testimony of a party as to transactions with tbe deceased.</p> <p>Vendor and Purchaser — Contracts — Forfeiture — Waiver — Demand. After waiver of a provision that time was of tbe essence of a contract upon which all payments had heen made except the last one, the vendor cannot declare a forfeiture until after demand and the lapse of a reasonable time.</p> <p>Specific Performance — Defenses—Laches. Specific performance of a contract for the sale of land is not barred by laches, through mere lapse of time, where the vendee was in possession and paid taxes up to the time of his death.</p>