Bartlett v. McGee

Citations

• 5 Cal. Unrep. 417
• 45 P. 1029
• 1896 Cal. LEXIS 1067

Syllabus

<p>Vendor and Vendee—Insufficient Title—Recovery of Money Paid.—Where a purchase contract gives the vendee thirty days for examination of title, provides for a deposit, and its return if title proves invalid, without specifying the time within which the conveyance is to be made, an unrecorded contract for sale of lands, of which the vendee has no notice, between the vendor and a third person, existing when the contract was made, and which, by mistake, included the same land, is a defect which will render the title invalid, and entitle the vendee to recover the deposit if the vendor fails within a reasonable time to remove the defect.</p>