Wright v. Suydam

Citations

• 72 Wash. 587
• 131 P. 239
• 1913 Wash. LEXIS 1520

Syllabus

<p>Vendor and Purchaser — Contracts—Agreement to Purchase or Option — Construction. A contract acknowledging receipt of the sum of $100 as part payment upon the purchase price of land, followed by provisions contemplating the consummation of the sale, and providing that the purchaser, if the title shall be found insufficient or unsatisfactory, may at his option have the sums paid returned to him, is a contract for the sale and purchase of the land and not an option, notwithstanding a provision that if the title is not subject to objection and the purchaser fails to perform his part of any of the terms of the contract, the sums paid shall be retained by the owner as liquidated damages and the purchaser shall not be under any further liability.</p> <p>Specific Performance — Mutual Obligations — Right to Rescind. A contract for the sale of land is not so lacking in mutuality that the law will not enforce specific performance, from the fact that it provides that the purchaser may rescind in case the title is not satisfactory to him, since he would be compelled to accept a marketable title.</p> <p>Same — Mutuality of Obligation. A contract for the sale of land is not so lacking in mutuality that it cannot be specifically enforced from the fact that the purchaser may satisfy all obligations on his part by forfeiting the sum of $100 paid as part of the purchase price, that being a sufficient consideration for the owner’s obligation to convey.</p> <p>Same — Mutuality—Signature By One Party. A contract signed by only one of the parties is not for that reason lacking in mutuality.</p> <p>Same — Mutuality of Remedy. Equity will not refuse specific performance of a contract for the sale of land because of the fact that a mutuality of remedies was not provided in the contract, where the contract was fully executed on the part of the plaintiff at the time of filing the bill.</p> <p>Vendor and Purchaser — Contract — Performance or Breach— Tender. Where a contract for the sale of l