130 Wash. 440 | Wash. | 1924
Appellants being tbe owners of a farm, entered into a contract whereby they agreed to sell it to the respondents who were to make certain annual installment payments on tbe principal, to pay tbe taxes and assessments levied against it, time being of tbe essence of the contract. Tbe respondents entered into possession and did not make tbe payments of principal as they came due, tbe appellants not insisting upon a strict performance; nor were tbe interest, taxes and assessments paid according to tbe terms of tbe contract. Tbe respondents were in possession over two years and eight months, when tbe appellants and respondents bad a meeting on September 12, at which tbe question of back taxes, assessments and delinquencies on tbe principal installment and interest were discussed; and the following day tbe appellants served notice upon tbe respondents to declare an intention to forfeit tbe respondents’ contract for failure to comply with its terms, and stated that unless tbe delinquent payments were paid on or before September 25, tbe appellants would declare tbe contract cancelled and a forfeiture of all tbe payments made.
On September 29, tbe notice not having been complied with, tbe appellants served tbe respondents with a notice declaring all of tbe respondents’ interest in tbe premises forfeited, and demanded immediate possession. In compliance with this notice, appellants and respondents entered into an agreement whereby tbe respondents continued to occupy tbe premises as tenants on monthly rental for tbe following four months. In October tbe respondents began this action to recover damages for tbe alleged breach of tbe contract by tbe appellants, as modified by certain verbal agreements. From a judgment against them, tbe appellants bring tbe record here for review.
The question, then, is whether the notice of September 13 accorded the respondents reasonable time in which to make good their delinquencies. But, as we view this question, it does not call for an answer under the facts, as disclosed in this case, for the respondents have placed themselves in a position where they are unable to avail themselves of the lack of reasonableness of time, if that existed. When the notice was served upon them, they did not rest upon the theory that it gave them an unreasonable time to comply. Had they done so, they might raise the question now, but instead of that, they complied by admitting that the notice was reasonable and entered into a new agreement whereby
For these reasons, the judgment of the court is reversed and the action dismissed.