Zeimantz v. Blake

Citations

• 39 Wash. 6
• 80 P. 822
• 1905 Wash. LEXIS 800

Syllabus

<p>Pleading—Demurrer—Waiver by Answer. A demurrer to a complaint upon a specified ground cannot be made orally at the trial after the filing of an answer basing the defense on other grounds.</p> <p>Parties — Minors Interested in Community Property — How Brought In. Upon objection being made that minors, interested in the community estate of their deceased father, are necessary parties plaintiff, it is proper to appoint their mother guardian ad litem, and to join them as parties plaintiff by the filing of an amended complaint.</p> <p>Vendor and Purchaser—Time oe Essence of Contract—Forfeiture—Tender Prior to Notice. A contract for the purchase of land, in which time is of the essence, is not forfeited in equity upon default in payment of an installment of the purchase price, where tender is made before affirmative action on the part of the vendor in declaring a forfeiture, nor where the vendor extends the time for payment.</p> <p>Same — Tendee — Amount of — Estoppel to Question — Specific Performance—Defenses. Where the vendee tendered the amount which he claimed to be due on the purchase price of land, and the vendor refused the tender and defended an action for specific performance on the ground that there was no liability whatsoever under the contract, he is estopped to object that the tender was insufficient in amount.</p> <p>Husband and Wife—Community Property—Husband’s Conveyance in Fraud of Creditors—Wife Not Bound By. A release by a husband of interests in community property, made in fraud of creditors, cannot be held valid as between the parties where it was not made known to the wife.</p>