Doe v. Culverwell

Citations

• 35 Cal. 291

Syllabus

<p>Contracts—When Valid.—A contract, to be obligatory on either party to it, must be mutual and reciprocal.</p> <p>Idem—Courts op Equity.—Courts of equity will not attempt to enforce vague and shadowy claims.</p> <p>Idem.—C. purchased certain lots, and borrowed the purchase money from M., to whom, as security for the loan, C. caused a deed, in form absolute, to be made by the seller, upon the agreement that when payment should be made of the money loaned, and interest, together with certain additional advances made to C. by M., the latter should convey the lots to C. To discharge this indebtedness C. negotiated a loan of C. I. Co. of a sum sufficient to liquidate M/s demands, and fifteen hundred dollars in addition, upon the agreements, which were fully executed, that C. should pay M. and receive from him the promised conveyance, and simultaneously execute a mortgage of the lots to C. I. Co., to secure said last loan. Subsequently C. I. Co. assigned an unpaid balance of its demand, together with said mortgage, to plaintiff, who brought suit to foreclose and make K. a party defendant, to whom C. being indebted at the time of said purchase, and by reason thereof had promised K. to buy for her a lot and thereon build a house which should become her property. While said lots stood in M.'s name, C. pointed out to K. one of them as the one intended, built a house thereon, and K. went into possession, and so continued until said suit. There never was, however, any accounting between C. and K. at any time, or any price agreed or fixed on said lot. Held, that this transaction created no equitable title in K. which could have been enforced in a Court of equity as against C., if the title had been in him, and is void as a defense to plaintiffs said action.</p>