Weaver v. Esary

Citations

• 78 Wash. 640
• 139 P. 607
• 1914 Wash. LEXIS 1074

Syllabus

<p>Vendor and Purchaser — Contracts—Conditions—Waiver—Evidence — Sufficiency. Waiver of conditions requiring an abstract showing good title, within a limited time, is not shown where the vendee’s representatives had no authority to make such waiver, and nothing in their acts or conversation reasonably lead to the conclusion that they did not regard the element of time as essential.</p> <p>Same — Contract — Performance — Title — Sufficiency. An abstract of title does not show a marketable title, where it appears that the property had1 passed through a probate sale without the giving of a sufficient notice pertaining to the sale.</p> <p>Same. Where a contract calls for a title free and clear of incumbrance, the party cannot be compelled to accept the property subject to a tax lien which could not then be paid, with a bond conditioned to make good any loss by reason of the tax lien.</p>