Day v. Cohn

Citations

• 65 Cal. 508
• 4 P. 511
• 1884 Cal. LEXIS 614

Syllabus

<p>Speoifio Pebfobmance—Pabol Contract fob Sale of Land—Past Pebfobmance— Statute of Frauds.—Possession of a lot of land under a parol contract for the sale thereof, the expenditure of money in its improvement, and partial payments of the purchase price, constitute part performance of the contract which takes it out of the statute of frauds, and entitles the vendee to a specific performance of the contract.</p> <p>Id. — Subsequent Purchases With Notice—Trust.—A subsequent purchaser from the vendor, with notice of the agreement on the part of his grantor to convey the title, holds the same in trust for the vendee, and is bound to convey it to him upon payment of the balance of the purchase money due by the agreement. Id; — Statute of Limitations—Possession by Vendee.—The equitable right of a vendee in possession, under an executory contract for the sale of land, to a specific performance, is not affected by the Statute of Limitations so long as he does not abandon the contract.</p> <p>Id. — Payment of Purchase Money—Time When not Essence of Contract.— Acquiescence in Delay. —No definite time was stated in the agreement for the payment of the purchase money, but by the terms of the agreement, payments were to be made from time to time as the money should be earned by the vendee. Held, that time was not of the essence of the agreement, and that a failure to make payments as the money was earned did not affect the rights of the vendee, the vendor having acquiesced in the delay.</p>