Whiting v. Doughton

Citations

• 31 Wash. 327
• 71 P. 1026

Syllabus

<p>VENDOR AND PURCHASER-RIGHT OF FORFEITURE-WAIVER BY PAROL.</p> <p>The time of performance of a written contract for the sale of land, although of the essence thereof, may be waived by subsequent oral agreement.</p> <p>SAME — ESTOPPEL.</p> <p>Wlhere the purchaser of land has been led to believe from the conduct of the vendor that a right given under the contract to declare a forfeiture has been waived, the vendor will be estopped from enforcing forfeiture.</p> <p>SAME — DEFAULT IN INSTALLMENTS — RIGHTS OF PURCHASER.</p> <p>After waiver of the vendor’s right of forfeiture, by reason of failure in payments the purchaser would not be in default until after demand upon him for payment of the installments due and the lapse of a reasonable time in which to meet the demand.</p> <p>SAME-CONTRACT BY HUSBAND ALONE — RATIFICATION BY WIFE.</p> <p>A wife who joins with her husband in an action for the cancellation of a contract for the sale of land and for a forfeiture ■of payments made thereunder, thereby ratifies the contract, though made by the husband alone for land in which each owns an undivided half interest as separate property.</p> <p>APPEAL-RESPONDENT NOT ENTITLED TO REVERSAL.</p> <p>Although the record on appeal from a judgment dismissing an action may show that defendants were entitled to affirmative relief, the judgment will be allowed to stand unreversed, where the defendants have not appealed.</p>