Gard v. Gard

Citations

• 108 Cal. 19
• 40 P. 1059
• 1895 Cal. LEXIS 813

Syllabus

<p>Jurisdiction of Equity—Enforcement of Moral Obligations—Cases of , Hardship.—A court of equity cannot, because of individual hardship, reject from its consideration principles and rules upon which the right to relief has always been based, and the enforcement of moral obligations merely is not within the domain of equity or law.</p> <p>Id.—Vendor’s Lien.—A vendor’s lien is only permitted as security for unpaid purchase money, and not for any other indebtedness or liability, and may only exist where there is a certain, ascertained, absolute debt, owing for the purchase price, and not in behalf of any uncertain, contingent, or unliquidated demand.</p> <p>Id.—Waiver of Lien—Contract for Life Support.—Where an old man executed and delivered a deed of all his property to his son for the named consideration of nine hundred and fifty dollars he waived and lost all right to the enforcement of any vendor’s lien to that amount by subsequently taking from his son a written agreement that the son would pay to him monthly during his natural life three-fourths of all sums received for rent of the premises, or fifteen dollars monthly during his natural life, in case of personal occupancy of the premises by the son.</p> <p>Id.—Remedy for Breach of Contract—Action for Damages.—The only remedy open to the father for breach of the contract on the part of the son is an action for damages therefor.</p>