Voight v. Fidelity Investment Co.

Citations

• 49 Wash. 612
• 96 P. 162
• 1908 Wash. LEXIS 632

Syllabus

<p>Vendor and ' Purchaser — Contract — Concurrent Covenants — Forfeiture — Tender of Deed — Necessity. In a contract of sale of land, a covenant to convey and a covenant to pay the first installment are not concurrent, where the deed was not to be made until years after on payment of the last installment, and tender of a deed is not necessary before forfeiture for nonpayment.</p> <p>Specific Performance — Forfeiture—Excuse.for Default. Specific performance of a contract cannot be asked by a vendee who had refused to accept the contract for a defect in the description, after forfeiture by the vendor on account of such refusal.</p> <p>Vendor and Purchaser — Contract to Convey — Abandonment— Forfeiture — Specific Performance. A contract for the conveyance of land must be considered abandoned by the vendee, where, after making a payment of $100 and agreeing to pay $100 every six months, and all taxes, he made no further payments, paid no taxes, and quit the possession, for three years, and service of declaration of forfeiture upon him had become difficult by reason of his change of residence; hence specific performance will not be decreed upon his subsequent offer to perform.</p>