Dennis v. Strassburger

Citations

• 89 Cal. 583
• 26 P. 1070
• 1891 Cal. LEXIS 858

Syllabus

<p>Vendor and Purchaser—Rescission of Contract of Sale—Defective Title — Recovery of Deposit — Pleading. —In an action to rescind a contract for the purchase of real estate, and to recover money paid as a deposit and part payment, on the ground that the title to the land was defective, in order to entitle the purchaser to recover, he must allege and prove that he has performed all the conditions on his part to be performed, and that the vendor is in default as to the conditions to he performed by him.</p> <p>Id. — Time Allowed to Perfect Title —Maturity of Cause of Action. — Under a contract for the sale of real estate, providing that fifteen days should be allowed for the examination of title, and if the title should be defective, thirty days would be allowed to perfect it, the purchaser is not entitled to rescind the contract and recover the amount paid as a deposit, on the ground of a defective title, until the expiration of the thirty days.</p> <p>Id. —Default of Vendor — Tender of Deed — Demand and Tender by Purchaser. — The fact that the purchaser alleged and proved that the vendor, within thirty days after the making of the contract, did not tender the purchaser a deed, does not show a default of the vendor entitling the purchaser to rescind the contract, if the purchaser failed to tender the purchase-money and demand the deed.</p> <p>Id.—Mutual and Dependent Obligations—Putting in Default.— .The obligations of the parties to an agreement for the sale of land are mutual and dependent, where o íe is to convey and the other, at the same time, to pay the purchase price, and neither can put the other'in default except by tendering a performance on his part, unless the other party waives the tender, or by his conduct renders it unnecessary.</p> <p>Id.—Memorandum of Contract — Signature of Vendor — Statute op Frauds. — A written memorandum of a contract, whereby a vendor agrees to sell to a purchaser real estate for a specified sum, which sufficiently describes the