Walsh v. Colvin

Citations

• 53 Wash. 309
• 101 P. 1085
• 1909 Wash. LEXIS 1319

Syllabus

<p>Vendor and Purchaser — -Rescission by Vendee — Contract—Failure to Perform — Evidence—Failure of Proof. In an action for damages on a vendee’s rescission of a land contract, on failure of the owners to deliver a deed upon demand upon one defendant, there is a failure of proof as to default by another defendant having an interest in the land who tendered a deed within a reasonable time thereafter, where it appears that he had no previous knowledge of the sale, and his only connection with the matter was through an agency expressly limited to the execution of a contract without power to make deeds until certain conditions were performed.</p> <p>Tender — Sufficiency. The sufficiency or formality of a tender cannot be questioned by one who refuses unconditionally to accept a tender.</p> <p>Vendor and Purchaser — Performance—Reasonable Time for Delivery of Deed. Where a tender of a balance due upon the purchase price of land was made April 1, entitling the purchaser to a deed, and the vendor was without title and had to acquire the same by paying $3,500, but took no steps to do so until the matter was taken up by another, a tender of a deed on April 29th is not made within a reasonable time.</p> <p>Same — Rescission by Vendee — Damages. Where a vendor, having no title, agreed to give a deed upon payment of the balance due, which is duly tendered, the vendor does not have a reasonable time within which to acquire title, but his contract is breached, and the vendor may rescind at once and recover the purchase money paid, with interest.</p>