Fountain v. Semi-Tropic Land & Water Co.

Citations

• 99 Cal. 677
• 34 P. 497
• 1893 Cal. LEXIS 738

Syllabus

<p>Vendor and Purchaser—Contract of Sale—Breach of Minor Condition— Rescission—Damages.—If one party to a contract for the sale of land refuses to perform a covenant which is a condition precedent or concurrent, but which is of minor importance, not going to the root of the matter, and the breach of which can be compensated in damages,' the party injured cannot rescind the contract for said breach, but must perform his part of the contract and seek compensation in damages. ,</p> <p>Id.—Breach Rendering Performance Impossible — Election of Remedy.—If the breach be of a covenant rendering it impossible for the other party to perform the contract or frustrating its whole purpose, the party injured, may, if the other party can be placed pretty nearly in the position he was in before the contract was entered into, elect promptly to rescind the contract and recover moneys laid out and expended or paid, and the value of labor performed and materials furnished under the contract, or to decline performance and sue for damages proximately caused by the breach, including profits he could have made if the contract had been performed.</p> <p>Id.—Question of Fact—Right to Abandon Contract—Partial Performance and Breach. — Whether a breach of covenant is so material as to justify the other party in abandoning performance of the contract is to some extent a question of fact; and it is a question of fact whether a part performance was so deficient as to justify such abandonment.</p> <p>Id.—Action by Purchaser for Rescission—Judgment for Cost of Improvements— Reasonable Value—Insufficient Complaint.—Where a complaint by purchasers of land under a contract of sale, which provided for certain improvements to be made upon the land by the purchaser, is framed so as to obtain a decree declaring the contract rescinded for non-performance by the vendor, and to obtain compensation for moneys expended under the contract, in an attempt to execute it, but does not show that any purchase-money w