Allstead v. Nicol

Citations

• 123 Cal. 594
• 56 P. 452
• 1899 Cal. LEXIS 1124

Syllabus

<p>Vendor and Purchaser—Exchange of Land—Specific Performance— Removal of Defect in Title.—It is no objection to a specific performance of a contract for the exchange of land that the abstract of title of one of the parties disclosed a defect in respect of an unredeemed tax sale, if such defect was removed within a reasonable time, and prior to the tender of a deed by such party.</p> <p>Id.—Completion of Title—Delay without Prejudice.—Delay in the ' completion of title by a vendor, even when time is specified in the contract, is no bar to a specific performance, if the delay is sufficiently explained and excused, and was without prejudice to the other party, beyond the means of reparation.</p> <p>Id.—Findings—Sufficiency of Evidence—Supplemental Contract.—A finding that there was no supplemental contract between the parties is not overthrown by evidence that one of the parties proposed to examine the land of the other, as well as to have the abstract of title examined, to which the other did not object, in the absence of proof of an agreement that the trade was to depend upon the inspection of the land.</p> <p>Id.—Fairness of Agreement—Adequacy of Price.—Where the evidence showed that the agreement for the exchange of lands was fair and reasonable and the properties were about of the same value, there is no ground for a discussion of the rule as to when inadequacy of price will prevent a specific performance.</p> <p>Id.—Definiteness of Description—Waiver of Objection—Appeal.— Where the complaint described specifically the land agreed to be conveyed by the plaintiff, in exchange for the land of the defendant, and the allegation is not denied, but the answer avers that the title of the land described was “not clear or good,” and the case was tried with reference to the description, and it was found to be correct by the court, objection thereto for indefiniteness is waived, and cannot be urged upon appeal for the first time.</p>