Cavanaugh v. Casselman

Citations

• 88 Cal. 543
• 26 P. 515
• 1891 Cal. LEXIS 730

Syllabus

<p>Vendor and Purchaser—Contract of Sale — Statute of Frauds — Contents of Memorandum — Signature — Agreement inter Partes. — A written memorandum of a contract for the sale of real property, which contains the names of the parties, and the price, and gives a complete description of the property, and is subscribed by the party to be charged, is sufficient to satisfy the statute of frauds, although not subscribed by the party seeking to enforce it, and although the agreement purports to be an agreement inter partes.</p> <p>Id. — Completion of Agreement. — A contract which purports on its face to be inter partes need not invariably be signed by all parties named in the contract in order to become operative; and in the absence of a showing that the contract was not to be deemed complete until other signatures should be added, the parties signing it will be holden thereon.</p> <p>Id.—Written Agreement — Execution by Vendor—Delivery and Acceptance — Consideration — Parol Promise of Vendee.—The execution of a written agreement for the sale of land by the vendor, and its delivery to the vendee and acceptance by him, creates an obligation upon the vendor, which is a sufficient consideration to make a verbal agreement on the part of the vendee to pay the purchase price of the land binding upon him, though the agreement purports to be inter pwrtes, and the vendee failed to sign it.</p> <p>Id. — Conveyance of Part of Land Sold — Performance of Contract — Merger. — A contract for the conveyance of a specified tract of land is not satisfied by the conveyance of a part of such tract; and a deed of part thereof does not merge the contract in the deed, if the deed is not accepted in satisfaction of the agreement. 0</p> <p>Id.—Action for Breach of Contract — Evidence — Description of Property — Identification of Subject-matter. — In an action against the vendor for damages for breach of the contract, in not conveying to the vendee all the property described in the agreement of sale,