Boyd v. Brinckin

Citations

• 55 Cal. 427

Syllabus

<p>Contract — Offer — Acceptance — Specific Performance — Trust.—The Central Pacific Railroad Company issued and distributed a circular, inviting people to settle and make improvements upon its lands, and promising those that should do so, that they should he preferred as purchasers, when the lands should be offered for sale. The defendant settled upon the land in controversy, and filed his application to purchase the same, in the office of the company, as directed by the circular, and made valuable improvements thereon. The company, without notifying the defendant that the price of the lands had been fi xed, and without giving him the option to purchase, sold the land to the plaintiff, who took with notice of the defendant’s equities. Held, in an action of ejectment, wherein the defendant filed a cross-complaint, setting up the above facts, and praying that the plaintiS be compelled to convey to him—that the offer of the company, and the acceptance by the defendant, created a valid contract, and that the plaintiff took the legal title impressed with a trust in favor of the defendant and should be compelled to convey the same to him.</p>