Schweiter v. Halsey
Washington Supreme Court
359 P.2d 821 (1961)
The Halseys (defendants) agreed to sell only the tillable portion of their farm to the Schweiters (plaintiffs), but lacking a legal description of just that portion, the parties signed an earnest-money agreement without an exact property description, which the Halseys later supplemented with a survey and legal description. When Schweiter's wife refused to sign the closing documents, the Schweiters rescinded and sued for return of their $5,000 earnest money, even though the Halseys remained ready, willing, and able to perform throughout; the trial court ordered the earnest money returned, and the Halseys appealed.
Whether a purchaser may recover earnest money paid under a purchase contract that is unenforceable under the statute of frauds, if the purchaser defaulted and the seller was at all times ready, willing, and able to consummate the transaction.