Silaw v. Benesh

Citations

• 37 Wash. 457

Syllabus

<p>Appeal and Error — Review—Findings—Exceptions. Findings, not excepted to, will not be reviewed on appeal, although exceptions were taken to respondents’ proposed, findings, which were materially altered by the court.</p> <p>Vendor and Purchaser — Contract to Purchase Lands — Default in Payment — Time of Essence — Rescission—Pledges— Contract Pledged as Security — Consent of Pledgee to Rescind. where a contract for the sale of land makes time of the essence thereof, and the vendor, after pledging the contract as security for a loan, commences an action for a rescission for nonpayment of the amount clue, plaintiff is not entitled to rescind upon the strict terms of the contract making time of the essence without the consent of the pledgee or without giving him an opportunity to perform the contract.</p>