Stein v. Waddell

Citations

• 37 Wash. 634
• 80 P. 184
• 1905 Wash. LEXIS 784

Syllabus

<p>Vendor and Purchaser — Covenant to Pay Taxes and Impositions — Debts of Vendee — Breach of Contract. The agreement by vendees under a contract of sale to pay all taxes and impositions against the property is limited to charges against the interests of the vendors, and is not a covenant to pay their own debts, so as to malee liens against, or an execution sale of, the vendees’ interests a breach of the contract of sale.</p> <p>Pleading — Appeal and Error — Review—Waiver of Demurrer. Where a waiver of a demurrer is not aided by the proof, it is immaterial on appeal whether the demurrer was waived or not.</p> <p>Executors and Administrators — Contracts—Pleading—Complaint Failing to Allege Appointment — Sufficiency—Demurrer. In an action by executors upon a contract entered into with them as such, the complaint is sufficient, as against a general demurrer, although it fails to show by what court they were appointed executors, since they would prima facie have the right to enforce it.</p> <p>Appeal and Error — Briefs—Objections, When to be Raised— Waiver. A point first suggested in the reply brief, and not discussed, will not he considered on.appeal.</p> <p>Same. In an action to declare a forfeiture of a contract of sale for defaults in payment, a default as to interest not claimed in the complaint and first advanced in the briefs, will not he considered on appeal.</p> <p>Vendor and Purchaser — Contract of Sale — Construction-—• Mutual and Dependent Covenants — Action fob Forfeiture— Tender of Conveyance. The covenants, in a contract of sale of real estate, on the part of the vendors to convey the property and take back a mortgage upon the payment of the second installment, and on the part of the vendees to make such payment, are mutual, concurrent and dependent, although the contract provides that the vendees “shall first pay,” and time is made of the essence of the contract; and no action to declare a forfeiture of the contract, for nonpayment of the installment, ca