Brock v. Pearson

Citations

• 87 Cal. 581
• 25 P. 963
• 1891 Cal. LEXIS 1028

Syllabus

<p>Statute of Frauds — Agenoy — Acceptance of Benefit. — Where a party verbally authorizes another to acquire an outstanding contract of purchase of land without restricting him as to terms, and the latter acquires such contract by agreeing to pay the amount due on the same and giving to the holder a certain interest in the contract, and the principal accepts the benefit of the bargain, he is bound by the terms made.</p> <p>Assignment — Deed to Land to Which Grantor has No Title, but only Executory Contract of Purchase. — A deed to a portion of land, for which the grantor holds only an executory contract of purchase operates as an assignment of a proportionate interest in the contract.</p> <p>(Extinction of Obligation — Destruction of Document — Intent.—The destruction of a document which operates as an assignment of a portion of a contract of purchase of land dees not extinguish the assignee’s right, unless the destruction was with the intention to extinguish such right.</p> <p>Id. —Evidence of Intent. — Upen tfee question of the intent with which a document was destroyed, the acts of the agent who induced the other party to consent to such destruction are material, and a substituted contract given by him is pertinent although he had no authority to sign it.</p> <p>(Conflict of Evidence. — The rule as to conflict of evidence applies to cases of contradictions in the testimony of a witness. The conflict is all the more fatal for being intestine.</p> <p>las Pendens — Amendment of Complaint.—The effect of a notice of Us pendens is not ordinarily destroyed by an amendment to the complaint.</p>