Freeman v. Griswold

Citations

• 4 Cal. Unrep. 256
• 34 P. 327
• 1893 Cal. LEXIS 1071

Syllabus

<p>Vendor and Vendee.—A Covenant in an Agreement to Convey land, which provides that on noneomplianee by the purchasers with the terms as to payment the seller shall be free from any obligation to convey, and the.purchasers shall forfeit all right thereto, time being made of the essence of the contract, authorizes the seller to avoid the contract or not, at his option, and he is not bound to tender a deed except on payment of the price.</p> <p>Vendor and Vendee.—Where a Land Contract Provides That, on Noncompliance by the purchaser with the terms as to deferred payments, the seller shall be free from any obligation to convey, and the purchaser shall forfeit all rights thereunder, except a right to occupy the premises as a tenant of the seller so long as the sums paid are equivalent to an annual rent equal to twelve per cent per annum of the price agreed on, with the right to purchase during such time, the seller, by bringing an action to recover the unpaid price, waives his right to treat the agreement to convey as void, and hence this clause, giving a right of occupancy for a certain time to the purchaser, which was to apply only in case of forfeiture, has no application.</p>