Eshleman v. Henrietta Vineyard Co.

Citations

• 97 Cal. 670
• 32 P. 595
• 1893 Cal. LEXIS 605

Syllabus

<p>Vendor and Purchaser — Contract of Sale — Rejection of Tender of Deed — Conveyance to Third Person — Rescission — Specific Performance. — Where, by the terms oí a contract for the conveyance of land, the vendor agreed to convey, and the vendee agreed to purchase the land if the vendor was the owner thereof, and his title could be proven by the records, and the vendor agreed to accept such conveyance when tendered to him within a reasonable time after it should he ascertained that the vendor was the owner of the land, and where, in an action by the vendee for a specific performance of the contract, it appeared that the vendor, on a subsequent date, was the owner of the land, and able to convey it to the vendee, free of encumbrances, and offered on that date so to do, and tendered a deed thereof, hut the vendee then refused to take the land and pay for it, for reasons other than a defect in the title, the vendor had a right to consider the contract as terminated, and to convey the land to another, and a subsequent offer by the vendee, made after the land had been conveyed to another, to take the land and pay for it, could not give the vendee the right to a conveyance under the contract.</p>