In Schweiter v. Halsey, the Washington Supreme Court held that if a vendor of real property has not repudiated, but is ready, willing and able to perform, the vendee cannot recover payments made upon the purchase price although the earnest-money agreement does not satisfy the Statute of Frauds.
Stanley H. Barer,
Washington Case Law,
Contracts—Earnest-Money Payments—Vendee's Recovery Denied Where Agreement Fails to Comply with Statute of Frauds,
Wash. L. & Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol37/iss2/7