Deacon v. Blodget

Citations

• 111 Cal. 416
• 44 P. 159
• 1896 Cal. LEXIS 598

Syllabus

<p>Contracts—Construction—Conditions Precedent.—Stipulations in a contract are not to be construed as conditions precedent, unless that construction is made necessary by the terms of tbe contract.</p> <p>Id.—Promise to Pat Monet—Maturity of Obligation—-Agenot of Patee for Sale of Land—Pleading.—A instrument in writing, promising to pay a specified sum of money not later than one year after-date, and agreeing that the sum is to be sooner paid if realized from the sale of land placed by the maker in the hands of the payee for the term of one year at a minimum price per acre, the payee to receive a commission of five per cent on the sales and to use diligent effort to obtain the best price possible, is not to be construed as malting the sale of the land a condition precedent to the payment of the money; and a complaizit countizzg upozi the promise to pay the znoney, filed in azi action coznizzeziced more thazi one year after date of the instruzzzent, need not allege diligent effort to sell the lazzd before the expiration of the year.</p> <p>Id.—Obligation to Use Diligence—Construction oe Contract.—The only connection or dependezice between the agreement to pay the money an.L that respecting the sale is that the accomplishment of the sale would ezztitle the payee to an earlier payznent of the money; and thé obligation to use diligence relates entirely to the contract respecting the sale, and not to the contract for the payment of the money.</p>