Duncanson v. Walton

Citations

• 111 Cal. 516
• 44 P. 174
• 1896 Cal. LEXIS 614

Syllabus

<p>Vendor and Purchaser—Violation of Contract by Vendors—Action by Purchaser—Money Had and Received.—Where vendors who had jointly agreed to sell lots to several purchasers, upon monthly payments, payable at the office of their agents, disagreed between themselves, and one of them gave notice to each of the purchasers to make no more payments under the contract until further notice, and the other vendor notified them each to make payments only to him, and the agents of the vendors to whom the money was payable under the terms of the contracts refused to receive payments thereunder, such action constituted a violation of the contracts by the vendors, and sufficiently indicated to the purchasers that the vendors would no longer be hound by the terms of the contracts, and one of the purchasers, to whom the other purchasers had assigned their several rights of action, may maintain an action for money had and received by the vendors, to recover the moneys paid under the contracts by the several purchasers.</p>