Gallagher v. Mars

Citations

• 50 Cal. 23
• 1875 Cal. LEXIS 75

Syllabus

<p>Veebad Agbeement in Sedation to Land.— In case of a sale of land, a verbal agreement made by the vendee when he receives the conveyance, to reconvey the land to the vendor, if he does not pay the purchase-money when demanded by the vendor, is void under the Statute of Frauds.</p> <p>Vendob’s Lien.—A verbal agreement by the vendee to reconvey the land to the vendor if he does not pay the purchase-price, does' not prevent the enforcement of a vendor’s lien.</p> <p>Bbinging Suit is Demand oe Payment.—If the vendor sells and conveys land, with a verbal agreement that the vendee shall pay the purchase-price when demanded, the bringing of an action to enforce a vendor’s lien is a sufficient demand, and the plaintiff is entitled to have his lien enforced.</p>