Tacoma Water Supply Co. v. Dumermuth

Citations

• 51 Wash. 609
• 99 P. 741
• 1909 Wash. LEXIS 1239

Syllabus

<p>Vendor and Purchaser — Contracts—Concurrent Agreements— Forfeiture — Tender of Conveyance. The terms of an agreement wherein the defendants were to purchase land of the state and convey a part to the plaintiff, who was to pay one-fourth of the price, are mutual, concurrent and dependent; and the defendants cannot claim a forfeiture without tender of conveyance after the title was acquired from the state.</p> <p>Specific Performance — Equity—Laches—Delay in Bringing Suit. A delay of two or three months in bringing action for specific performance of a contract to convey land does not amount to laches barring the suit, where the value of the property is not uncertain 'and fluctuating.</p> <p>Vendor and Purchaser — Contracts—Covenants—Forfeiture For Breach — Damages. A contract by a vendee to build a sightly tank on the property purchased is collateral and not ground for forfeiture of the contract, the remedy for breach being an action on the covenant.</p> <p>Interest — Tender. Interest will not be allowed on purchase money due after sufficient tender of the sum due.</p>