Sleeper v. Bragdon

Citations

• 45 Wash. 562
• 88 P. 1036
• 1907 Wash. LEXIS 513

Syllabus

<p>Vendor and Purchaser — Rescission by Vendor — Election— Notice — Sufficiency. Where a contract for the sale of land provided for a forfeiture at the election of the vendors, in case the payments were not made in time, and time for making the second payment was extended to a day certain, notice given hy the vendors prior to such day that they elected to cancel the contract on that day if the paymeht should not he made on that day or before, is a sufficient act forfeiting the contract without further notice.</p> <p>Same — Performance by Vendee — Tender—Sufficiency. Where a contract for the sale of land provides for a certain payment, with an option in the vendee to take a deed upon giving a mortgage hack for the balance due, a tender of the payment with such a mortgage executed hy an attorney in fact is insufficient as a tender of performance where the power of attorney authorizing the execution of the mortgage was not produced.</p> <p>Same — Rescission by Vendor — Notice. A contract for the sale of lands making time of the essence, and providing that, upon default in payments to be made, the contract may he forfeited and determined at the election of the vendors, will he enforced hy the courts according to its terms, and is forfeited by notice to that effect after default.</p>