Suess v. Heale

Barnett, J. †

Plaintiffs appeal from a default judgment entered in their favor by which they were denied attorney’s fees.

Plaintiffs Robert and Helen Suess and Glen and Fay Scott, as sellers, and defendant Robert Heale, as purchaser, entered into a real-estate contract for the sale of certain property located in King County, upon which is located an apartment house. It recited a purchase price of $45,000; $4,000 down, the balance to be paid at the rate of at least $340 per month.

The following provisions of the contract are pertinent:

Time is of the essence of this contract. In case the purchaser…