Conlan v. Sullivan

Citations

• 110 Cal. 624
• 42 P. 1081
• 1895 Cal. LEXIS 1109

Syllabus

<p>Conveyance of Land—Mistake of Vendok—Fraud of Vendees—Rescission.—Where the vendor of a lot, by mistake of fact, believing that it was mortgaged for $500, whereas such mortgage was only upon another lot, offered to sell it for $200 in cash, and the balance of $500 to be paid upon the mortgage, and the vendees, upon inquiry, learning that the mortgage did not include the lot offered to be sold, and with intent to defraud the vendor of $500, paid the purchase price of $200 cash, and received the conveyance of the land, and, upon discovery of the mistake by the vendor, and a demand by him that the $500 be paid to him or to his mortgagee, in satisfaction of the mortgage, upon the other lot, the vendees refused to make such payment, whereupon the vendor tendered back the money, with interest, and demanded a reconveyance, which tender and demand were also refused, the vendor is entitled to. have the contract set aside in a court of equity, and the property re-conveyed.</p> <p>Id.—Expenditure op Money by Vendees—Increase op Value—Findings—Pleading.—Where the court finds that the vendees expended money upon the property purchased, but made no finding as to the increased value of the property by reason of the expenditure, and there is no allegation in the answer that such expenditure had increased the value of the realty, the vendees are not entitled to a reimbursement of the amount expended.</p>