, 1881-08-26
SUPREME CoCRr DEEisiON.
IN THE SUPREME COURT OF WASHING
TON TERRITORY. JULY TERN, 1881.

Appellant and Plaintiff i'll error,
S. l.. and L. B. Mastick.
Appel!es aud Dclend'tS in error. }
On August 18th, 1880. Charles E.
P. Wood fled his complaint in the
District Court of the Third Judicial
| District of Washington Territory,
holding terms at Port Townsend, as
vendor of certain real estate there
in, situate in Snohomish County, in
the Third Judicial District, against
Seabury l.. Mastick and Levi B.
Mastick, vendees, alleging a contract
in writing made by the parties on
the 10Th day of June, 1878, for the
purchase of said real estate, the pur-
chase price, $4,000, to be paid to
plaintiff June lst, 1879, said pay
:nent TO be condition precedent to
the conveyance; also alleging due
tender OF good and sufficient deed
on June lst, 1879, demand for the
money on said day, non payment
thereof, and readiness TO convey on
part of plaintiff ever since and al
the time of filing the complaint, a
deposit with thd clerk of said court
a good and sufficient deed OF said
premises for the defendants, and due
performance Of all conditions on
plaintiffs part, and prays Judgment
for the agreed purchase price.
To this complaint, after due per
sonal service in Jefferson County.
w. T., defendants appeared aud in
terposed a demurrer in substance
that thu complaint does not state
facts sufficient to constitute a cause
of action, which demurrer was by
the court sustained, whereupon the
plaintiff saving his exceptions filed
his amended complaint addressed to
the chancellor, alleging the same
facts and praying specific perform
ance, a judgment In personarn for
the agreed purchase price, and that
said real estate be sold to satisfy the
judgment, and for general relief.
To this amended complaint de-
PENDANTS filed their motion to dis
miss the action for want Of jurisdic-
tion of the Court over the subject
matter, which demurrer was by the
Court sustained, all relief in said
Court refused and final judgment
entered dismissing tie Cause aud as
sessing the costs against plaintiff TO
all of which plaintiff daily excepted
and seeks TO have the same reversed.
The contract was set out yer.
batim in the complaint aud is as fol
lows, to wit:
Agreement made this nineteenth
day OF July a. D. 1873 between S. l..
Mastlck and l.. B. .aastick the parties
OF the first part, and Charles Z. r.
Wood the party of the second part,
witnesseth:
First-That the said parties OF the
first part promise to buy of the party
of the second par. in consideration
that the said party OF the second
part agrees to sell all his right, ttIe,
and interest OF and to those two Ger
tain parcels of land situated in the
county of Snohomish, Territory OF
Washington, described as follows,
to'wit: First, eighty (S0) acres
known as the Lane claim, on Pill
chunck creek; second. one hundred
and sixty acres U60 on French
Slough, known as Frank Dolan's
claim.
Second-Said parties of the first
part agree and promise to pay for
said lands to the party of the second
part, the sum of two thousand l2OOOl
dollars in United States gold coin in
payment as follows: The whole
thereof on the first day of June,
1879, with interest thereon at the
rate of one per cent per aonth, paw
able on said first day of June 1879,
and also pay all taxes and assess.
ments which hereafter may be laid
or imposed for any purpose what
ever on said land and the money
agreed to be paid herein.
Third-The said party of the sec
ond part agrees that upon the psv
ment OF said sum, interest and taxes
at the time herein stated, he will
convey TO the said parties of the first
part by deed, the said lands. in
which deed his wife Lizzie B. Wood
shall join releasing dover.
| Fourth-It is mutually agreed that
the payment of said sum. interest
and taxes shall be condition preoe.
dent to such conveyance, and that
the non payment of said sum within
two days after the time provided.
shall render the moneys to be paid
as aforesaid at the option of the party
OF the second part, his heirs and as
sigas, due and payable Immediately.
No notice of such option shall be
required, and in case of such non
payment this contract and all rights
OF the parties OF the first part NAV be
foreclosed, and attorneys fees shall
he allowed 10 the amount of three
per cent upon all the amount re.
naming unpaid, which shall be
debt due and payable upon the filing
OF the complaint in foreclosure.
TIC waiver of the time of payment
shall be valid in favor of the parties
OF the first part, except is is reduced
to writing and subscribed by the
parties hereto.
I