Watkins v. Davison

Citations

• 61 Wash. 662
• 112 P. 743
• 1911 Wash. LEXIS 1139

Syllabus

<p>Vendor and Purchaser — Contract—Mutuality. A receipt, containing the terms of a contract to purchase land, made to one as agent, the principal being undisclosed, and accepted in writing by the owner, is not a mere option or objectionable for lack of mutuality, where the principal made the preliminary payment of $50, tendered timely payment and performance, and was at all times ready to perform, promptly commencing action for specific performance.</p> <p>Specific Performance — Defenses — Fraud • — ■ Pleadings. In an action for specific performance, fraud is an affirmative defense to be specially pleaded.</p> <p>Vendor and Purchaser — Rescission by Vendor — Fraud — Evidence — Sufficiency. No fraud is shown, warranting a vendor in refusing to complete a sale, where it appears that she had listed the property with her selling agent, that a contract to purchase was made with the agent, signing as such, for an undisclosed principal, and accepted in writing by the vendor, with a preliminary payment of $50, that the vendor at the agent’s request cured defects in the title, and never offered to return the money received, that no fraud, or improper or inconsistent action by the agent was shown, and the vendee tendered timely payment and performance; especially where the vendor, in an action for specific performance, did not plead fraud as a defense (Chadwick, J., dissenting).</p>