Skoog v. Columbia Canal Co.

Citations

• 63 Wash. 115
• 114 P. 1034
• 1911 Wash. LEXIS 1166

Syllabus

<p>Vendor and Purchaser- — Contract—Rescission by Vendee. Where tbe contract for the sale of land did not fix any specific time for delivery of tbe conveyance, contemplating that tbe vendor should have a reasonable time therefor, the vendee cannot peremptorily rescind for failure to furnish the deed and recover the purchase money paid without giving notice of his intention to rescind and a reasonable opportunity for the vendor to perform; and a mere demand for a deed is not sufficient.</p> <p>Same — Delay in Performance by Vendor — Reasonableness. Where lots were sold by an irrigation company and fully paid for November 23, 1908, with the understanding that the company was to have a reasonable time to deliver the conveyance with abstract showing good title, and the vendee went into possession and made no demand for a deed until July 23, 1909, a delay until September 28th is not so unreasonable as to permit the vendee at that time to peremptorily rescind the contract, without giving notice of any intention to do so (Dunbar, C. J., and Cose, J., dissenting).</p> <p>Same — Tender of Deed — Time for Performance. Where a contract for the purchase of land contemplated that the vendor was to have a reasonable time to deliver the deed, and the vendee gave peremptory notice of rescission on the day before action brought, and took the attitude that no tender thereafter would avail, a tender of a deed by bringing the same into court is timely.</p> <p>Mortgages — Release — Effect of Partial Release — Water Rights. Where an irrigation company gave a blanket mortgage on certain lands and all of its water rights and privileges, the release of certain lots not covered by the mortgage has the effect of discharging from the lien of the mortgage the water rights that go with the lots, there having been no need of releasing the lots except in so far as lots carried with it the title to the water rights.</p> <p>Mortgages — Lands Conveyed — Exceptions. A mortgage upon the lands and water