Spedden v. Sykes

Citations

• 51 Wash. 267
• 98 P. 752
• 1908 Wash. LEXIS 1012

Syllabus

<p>Appeal — Briefs—Assignment of Errors — Sufficiency. While errors not pointed out with reasonable clearness will not be considered, a brief will not be struck for failure to assign errors, where the alleged errors are set forth with the pages of the record showing the various rulings, and rule eight is substantially complied with.</p> <p>Appeal — Briefs—Time for Filing — Dismissal. A motion to dismiss an appeal for failure to file briefs in time will be determined by the status of the case at the time the motion is heard.</p> <p>Vendor and Purchaser — Rescission by Vendor — Option—Forfeiture of Payments — Execution of Option — Acceptance of Mortgage. The forfeiture of preliminary payments under an optional contract for the purchase of land, of which time is of the essence, are waived by the execution of a deed and the acceptance of notes secured by a mortgage, pursuant to a clause of the option agreement providing therefor, even though the mortgage was insufficient in form, where there was no fraud and no intervening rights of third parties, and the parties were proceeding in good faith to carry out the contract; since the option may be considered executed, and forfeitures are not favored.</p> <p>Mortgages — Validity—Form. Insufficiency in the form of a mortgage does not affect its validity as between the parties.</p> <p>Vendor and Purchaser — Rescission by Vendor — Waiver of Forfeiture. The forfeiture of payments made under a contract for the purchase of land cannot be claimed by a vendor seeking rescission after acceptance of notes secured by an informal or insufficient mortgage, where no demand was made for a formally executed mortgage.</p> <p>Mortgages — Validity—Form. A mortgage is not void merely because it fails to state the amount of the debt which it was given to secure.</p>