Thacker Wood & & Manufacturing Co. v. Mallory

Citations

• 27 Wash. 670
• 68 P. 199
• 1902 Wash. LEXIS 438

Syllabus

<p>APPEAL-RECORD-REVIEW IN ABSENCE OE STATEMENT.</p> <p>Exceptions to findings of fact will not be considered on appeal, when a statement of facts has not been brought up.</p> <p>CONTRACTS — CONSTRUCTION — TIME AS ESSENCE.</p> <p>Under the rule that time will not be considered of the essence • of a contract, when the contract itself does not expressly stipulate it shall be, or unless it necessarily follows from the nature or circumstances of the contract, time will not he deemed of the essence of a contract between plaintiff and defendant, where plaintiff was required under a contract with the state to remove the timber from certain land within three years, and, under a subcontract with defendant, the land was divided into six tracts and the defendant required to log the tracts in an order named within three, six, nine, thirteen, seventeen and twenty-one months, respectively.</p> <p>SAME-RESCISSION-PIAINTIEE MUST DO EQUITY.</p> <p>Where defendant had gone to considerable expense in making preparations to log plaintiff’s lands, his failure to cut the timber within the time and the order contracted for would not entitle plaintiff to cancellation of the contract, when the injury to plaintiff was inconsequential and he does not offer to place defendant in statu quo.</p>