Clarkin v. Lewis

Citations

• 20 Cal. 634
• 1862 Cal. LEXIS 87

Syllabus

<p>T. and J. contracted with L. for the purchase of certain real property, paid the purchase money, took from L. an obligation for a deed within five days, and entered into possession. Forty days afterwards, L. tendered a deed, which was objected to by the vendees on account of its form, and subsequently at the request of the vendees another deed was tendered, which was also objected to on the ground that it was not executed by the proper parties; but no objection to either deed was made on account of the time at which it was tendered— Held, that the stipulation as to the time of the execution of the conveyance was waived.</p> <p>A contract by a married man for the sale and conveyance of land is not, if the premises are the homestead of himself and wife, fulfilled by the tender of a conveyance executed by himself alone.</p>