Brown v. Covillaud

Citations

• 6 Cal. 566

Syllabus

<p>Though time is not of the essence of a contract for the sale of real estate, unless made so by the express agreement of the parties, yet, in every case it will devolve upon the party seeking relief in a Court of Equity, to account for his delay.</p> <p>And, where a party seeks to enforce a contract to convey land to him, if there are circumstances showing culpable negligence on his part, or if the length of time which ‘has been permitted to intervene, together with other circumstances, raise a presumption of an abandonment of the contract, or if the property has greatly enhanced in value, and he has apparently laid by for the purpose of taking advantage of this circumstance, he will not be entitled to a decision in his favor.</p> <p>In applications of this kind, the party is not entitled to relief as a matter of course, but subjects himself to the equitable consideration of the Chancellor, and must show a case free from doubt or suspicion. *</p> <p>Where the plaintiffs gave their note to the defendants, payable in one year and only bearing interest at ten per cent, per annum, at a time when the current rate of interest was ten per cent, per month, in consideration of which he received a covenant from the payees to convey them certain land, on the payment of the note at maturity, the low rate of interest raises the presumption that the parties intended that the note should be paid at maturity.</p> <p>And where it appeared that the defendants were desirous to raise money to make certain improvements, for which reason they were anxious to dispose of some of their land, and that the plaintiffs never offered to pay their note so given, until three years after its maturity, during which time the property of one of the 'defendants had been sold under execution, and the other defendants had been obliged to raise money at a high rate of interest, to meet their obligations respecting this and other property, and had paid all the taxes on the land; while the plaintiffs refu