Fox v. Toberman

Citations

• 5 Cal. App. 684

Syllabus

<p>Estates of Deceased Persons—Sale of Beal Estate—Failure of Purchaser to Comply with Terms—Besale—Discretion.—If, after the confirmation of a sale of the real estate of a deceased person, the purchaser who had made a small cash payment neglected and refused to comply with the terms of sale, the only reason offered being that owing to the condition of the money market, he was not able to raise the balance of the purchase money, the court had discretion, upon application of the executors, to set aside the sale and order a resale of the property, and the exercise of its discretion will not be disturbed upon appeal.</p>