Stevens v. Kittredge

Citations

• 44 Wash. 347
• 87 P. 484
• 1906 Wash. LEXIS 839

Syllabus

<p>Vendor and Purchaser — Specific Performance — Mutuality— Part Payment — Tender. There is no lack of mutuality upon the part of the vendee, in a contract for the conveyance of real estate, where he has paid part of the purchase money, repeatedly expressed willingness to pay the balance, and tenders the same in court.</p> <p>Same — Husband and Wife — Community Property — Authority. A husband cannot claim that his wife was not authorized to sell 'community land, where the contract was made up of telegrams, one of which he answered, a deed was executed by both in accordance with the contract, and both had full knowledge of the pending sale, which was repudiated by the wife and not by the husband.</p> <p>Vendor and Purchaser •— Contract to Convey — Rescission by Vendor — Delay of Vendee. Delay by the vendee to close a sale is not ground for rescission by the vendors, where the delay was caused by the vendors’ failure to. secure the satisfaction of a mortgage upon the property.</p>