Sunset Copper Co. v. Black

Citations

• 115 Wash. 132
• 196 P. 640
• 1921 Wash. LEXIS 703

Syllabus

<p>Contracts (63)—Construction—Particular Phrases. A contract for the sale of mining claims providing for partial deferred payments, with interest thereon “from the time of becoming due until paid,” later modified, draws interest only on such of the instalment payments as were not liquidated when they matured under the modified agreement, where by the modification the dates of the deferred payments were changed and the balance of $45,000 “and the interest thereon” was to be paid at the substituted dates, “until the full balance shall be paid, it being understood that interest is to be computed as per the agreement” originally made, which “shall remain in full force and effect except as modified by this supplemental agreement.”</p> <p>Same (104)—Modification—Consideration. Where there is no default upon a contract, the consideration for such contract is sufficient to support a modification thereof contained in a supplemental agreement.</p> <p>Payment (32)—Recovery—Voluntary Payments. Where mining property, purchased by plaintiff on deferred payments under a contract providing for a forfeiture in the event of noncompliance with its terms, had been improved to the value of $200,000, the payment of excessive interest demanded by defendant on the deferred payments was not voluntary and could be recovered back.</p>