It has been held by the Supreme Court of the State of Washington in a number of cases, that an executory contract to sell either real or personal property, generally designated as a conditional sales or installment contract, does not create in the vendee or buyer any legal or equitable interest in the property In so far as the rule applies to real property, there was a disposition on the part of many members of the bar to adversely criticise those decisions and to become fearful of their effect upon the status of the vendee's rights, after the court decided the case of Ashford v. Reese, in which the rule was given as the basis for holding that the vendee is entitled to rescind the contract, upon destruction of the subject-matter while the contract is unperformed, in other words, that loss caused by destruction of the property without fault of the vendee falls upon the vendor.
George D. Lantz,
Rights of Vendees under Executory Contracts of Sale,
Wash. L. & Rev.
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