Vanasse Land Co. v. Hewitt

Citations

• 95 Wash. 643
• 164 P. 196

Syllabus

<p>Vendor and Purchaser — Contracts—Performance or Breach— Failure of Title. Where timber lands were apparently subject to valid liens of a judgment, and after execution sale, defendants purchased a one-half interest in the certificate of sale, subject to redemption, agreeing to pay therefor when title to the land was perfected in them and to convey a one-half interest in the land to the vendor, the subject-matter of the contract failed and ceased to exist when the sheriff’s deeds were vacated, without the fault of the defendants, and the performance of the contract by the defendants is thereupon excused.</p> <p>Same. The defendants’ intervening conveyance of the property to a third person does not make them liable for the purchase price, where the conveyance was made with the written consent of the vendor, who had ample notice and opportunity to take part in litigation seeking to perfect the title, which failed.</p>