Snakski v. Washington State Colonization Co.

Citations

• 53 Wash. 221

Syllabus

<p>Appeal — Review—Waivek of Erkor — Theory of Trial Below.. The overruling of a demurrer to a complaint for rescission of a land contract and for damages, cannot be assigned as error so far as the-action for damages is concerned, where the parties treated the action from the beginning as one in equity to rescind the contract and. tried the case solely upon that theory.</p> <p>Vendor and Purchaser — Rescission by Vendee — Actions—Offer of Possession. An action by a vendee to rescind a sale of land, does-not fail because the plaintiffs did not offer to give up possession, where they tendered a quitclaim deed to the defendants and brought, it into court.</p> <p>Same — Damages—Rents Prior to Rescission. In an action to rescind a sale of land for failure of title, the vendees are not liable-for rents for use of the premises while in possession, and the same cannot be deducted from their damages.</p> <p>Same — Measure of Damages — Improvements by Vendee. In an action to rescind a sale of land for failure of title, the measure of damages is the purchase price paid, with interest from the date of payment, and the reasonable value of improvements placed on the land by the vendees before they learned of the defective title, where-the vendor represented that the title was clear and knew that thevendees intended to improve the property.</p>