Davis v. C. E. Downie Investment Co.

(dissenting) — On March 25, 1927, defendant vendee entered into a contract with plaintiff vendor for the purchase of certain land in King county. The contract provided for payments of the purchase price in installments, and for delivery of deed to the vendee on payment of the last installment. Time was made the essence of the contract, which further provided for cancellation of the contract and the forfeiture of the vendee’s rights thereunder in the event the vendee breached any of the terms of the contract. The pertinent stipulations read as follows:

“The seller agrees, on full payment of…