Burnett v. Kullak

Citations

• 76 Cal. 535
• 18 P. 401
• 1888 Cal. LEXIS 928

Syllabus

<p>Vendor and Purchaser—'Contract of Sale—Description. — Description of land by name in a contract of sale is, or may be, sufficient if the boundaries are known and well defined. The name of the county where the land is situated is not essential if the description is otherwise sufficient.</p> <p>Id. — Uncertainty of Terms—Specific Performance—Pleading.— When a contract of sale provides for payment of part of the purchase-money on mortgage, without specifying the terms of the mortgage, and the terms thereof are not made certain by reference in the contract, or by averment in the complaint, the agreement is too indefinite and uncertain to support a judgment for specific performance, and a demurrer to the complaint is properly sustained.</p>