Church v. Shanklin

Citations

• 95 Cal. 626
• 17 L.R.A. 207
• 30 P. 789
• 1892 Cal. LEXIS 875

Syllabus

<p>Mortgage — Condition as to Approval op Title by Attorneys—Validity op Title Immaterial in Absence op Fraud. — In an action to foreclose a mortgage given to secure the payment of promissory notes, payable to the mortgagee when he should perfect the title to certain land to the satisfaction of certain attorneys named, where it appears that the attorneys named rejected the title, and there is no allegation that their action was controlled by fraud, collusion, or undue influence, the mortgagee cannot recover, although the court may find the title to he in fact good.</p> <p>Id. — Arbitration — Perpormance op Contract — Decision op Umpire — Jurisdiction op Court. — When parties to a contract fix upon an umpire and agree to abide by his decision, neither of them, without the consent of the other, can, in the absence of fraud, withdraw the question of performance from the common arbiter for the purpose of referring it to the decision of a court or jury.</p>