Bohall v. Diller

Citations

• 41 Cal. 532
• 1871 Cal. LEXIS 130

Syllabus

<p>Construction of Written Contract.—In. a contract for the payment of money at different periods of time, with an extension of time, if needed, for the payment of an installment, the extension is a privilege of which, if the party entitled to it desires to avail himself, he must notify the other party, on or before the day upon which the installment becomes due, that he needs the extension.</p> <p>Complaint in'Action for Damages.—In an action for damages the plaintiff must allege, in his complaint, that he has sustained damages, in order to sustain a judgment for damages.</p> <p>Concurrent Covenants.—A party who agrees to convey land upon payment of the purchase money, cannot recover the purchase money due upon the contract until he tenders a deed, if all the installments became due before the action was brought.</p> <p>Allegation op Tender.—In such a case the complaint must allege a tender of a conveyance.</p> <p>Rescission op Contract—Vendor and Vendee.—When a vendee has so failed to perform the contract that the vendor may elect to treat the contract as rescinded, it is incumbent upon the vendor, in order to work that result, to restore to the vendee whatever he has paid on the contract.</p> <p>Idem—Must be Entire.—The rescission of a contract, to be effectual, must be a rescission in toto.</p> <p>Idem—Allegation in Complaint in Ejectment.—In order to recover possession of premises on the ground of rescission of contract, the plaintiff must allege a repayment or tender of the amount paid by the defendant at the execution of the contract.</p>