Allen v. Pockwitz

Citations

• 103 Cal. 85
• 36 P. 1039
• 1894 Cal. LEXIS 726

Syllabus

<p>Vendor and Purchaser—Contract or Sale—Condition—Passing Upon Title by Attorney ror Purchaser—Recovery or Deposit.—Where a contract for the purchase of land provided that the property was to be examined and accepted or rejected by the attorney for the purchaser, the purchaser is not bound to consummate the sale unless his attorney accepted and did not reject the title; and the question whether or not the title was in fact a good marketable title is not involved in an action by the purchaser to recover back the deposit made, if there is no proof that the rejection of the title by the attorney was not the result of a sufficient examination and an honest opinion.</p>