Wetternach v. Jones-Thompson Investment Co.

Citations

• 77 Wash. 144
• 137 P. 442
• 1913 Wash. LEXIS 1908

Syllabus

<p>Vendor and Purchaser — Remedies oe Vendee — Rescission—Defects In Title — Discretion—Laches. It is not an abuse of discretion to refuse a rescission of a contract, asked on the ground of partial failure of defendant’s title, where defendant acted in good faith and upon notice of the defect set about to perfect the title, which was done before judgment, and where plaintiffs did not promptly rescind on notice of the defect, but thereafter made valuable improvements, for which recovery was sought; since rescission is not a matter of right, and is defeated by laches.</p>