Wright v. Suydam

Citations

• 59 Wash. 530
• 108 P. 610
• 1910 Wash. LEXIS 1233

Syllabus

<p>Specific Performance — Title of Defendant — Evidence—Sufficiency. Specific performance of a contract to convey a ten-acre tract, sold to plaintiffs by the defendant, cannot be decreed where-defendant had no title thereto; holding simply an option on forty acres of which the ten-acre tract was a part, which option was not paid up; the price realized from the sale to the plaintiff being insufficient to pay up defendant’s option and obtain title to the land,, and defendant’s vendor being unwilling to convey to defendant until the whole forty acres was paid for.</p> <p>Same — Alternative Relief — Damages. Damages for breach of' contract to convey land cannot be awarded in an action brought for specific performance, where, to the knowledge of the plaintiff, the-facts did not at any time warrant a decree for specific performance.</p> <p>Specific Performance — Dissmissal of Suit — Form of Decree. Upon denying specific performance of a contract to convey land because of want of title in the vendor, dismissal of the action should he without prejudice, especially where the vendor’s title may be perfected or the vendee may be entitled to other relief under the contract.</p>