Fulton v. Jansen

Citations

• 99 Cal. 587
• 34 P. 331
• 1893 Cal. LEXIS 719

Syllabus

<p>Vendos and Pubohaseb—Obal Contbact of Sale of Land—Past Pebfobmancb —Statute of Ebauds—Specific Pehfobmance.—The payment of part of the purchase price of a tract of land in pursuance of an oral contract for the purchase and sale thereof, and its use in cutting and removing stovewood therefrom for family use, without an actual change of possession of the land, or the erection of improvements upon the premises, is not such a part performance as will tal$e the case out of the statute of frauds, and warrant a court of equity in decreeing specific performance of the contract.</p> <p>Id.—Resulting Tbust—Advance of Pabt Pubohase-honey—Conveyance to Thibd Pebsons—Pleading.—Where a purchaser of a part of a tract of land under an oral agreement has paid part of the purchase price therefor to the vendor, and subsequently other persons purchase and take a conveyance of the whole tract from the vendor, and agree with him to convey to the first purchaser the portion of the land which he had agreed to purchase, and the sum paid by him as part payment thereon is deducted from the price paid by the subsequent purchasers to the vendor, the first purchaser virtually occupies the position of one who has advanced money to the subsequent purchasers for the purchase of the land, and a resulting trust pro tanto is created in his favor against them, though he cannot enforce the contract against them in an action for specific performance, but must plead the facts showing the resulting trust.</p>