(Download) "Maxwell v. Provident Mut. Life Ins. Co." by Supreme Court of Washington " Book PDF Kindle ePub Free
eBook details
- Title: Maxwell v. Provident Mut. Life Ins. Co.
- Author : Supreme Court of Washington
- Release Date : January 11, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Plaintiff purchased certain Seattle real property subject to a mortgage; that is, he did not assume payment of the mortgage debt. Plaintiff sold the property back to his grantors on an installment sale contract. He made a written offer to pay $1,106.90, and delivered his check therefor, to defendant mortgagee of the property, in consideration of extension of time of certain payments until maturity of the mortgage four years later. The mortgagee immediately cashed the check, and twenty-four days thereafter made a written counter proposal to which plaintiff never replied. The time of payment of the installments, in consideration of which plaintiff paid $1,106.90 to defendant mortgagee, was not extended to date of maturity of the mortgage. Within ten months following its counter proposal, defendant mortgagee foreclosed the mortgage. One year subsequently, on the ground that the consideration therefor had failed, plaintiff instituted this action against defendant mortgagee to recover the conditional payment of $1,106.90. Defendant denied that the money was paid conditionally, and as an affirmative defense pleaded the foreclosure decree as res adjudicata of the present action. Finding in favor of the defendant on the grounds of estoppel and res adjudicata, the trial court said: I have decided to rest my decision on two counts -- that of estoppel and res adjudicata. The plaintiff remained silent when he should have spoken. He knew, or should have known, that the plaintiff in the foreclosure
 "Maxwell v. Provident Mut. Life Ins. Co." by Supreme Court of Washington " Book PDF Kindle ePub Free){kind=link}