Stewart v. Davies

Citations

• 52 Wash. 96
• 100 P. 176
• 1909 Wash. LEXIS 1080

Syllabus

<p>Vendor and Purchaser — Remedies of Purchaser — Action for Breach — Contract—Rescission by Vendee — Evidence—Sufficiency. Findings upon conflicting evidence that a contract for the purchase of land had been mutually rescinded and was not breached by a subsequent sale to another, are supported and will not be reversed on appeal, where it appears that the contract was dated January 19, ten days was allowed to complete the deal, and the property was sold to a third party February 3d, after repeated interviews without completion of the contract, the vendor claiming that the vendee had orally rescinded for inability to perform, and where it appears that the value was probably not more than the purchase price, $22,500, one witness placing it less, and a $20,000 option to a third party having recently been permitted to expire, and there having been no great appreciation in value.</p>