Gibbs v. Ranard

Citations

• 86 Cal. 531
• 25 P. 63
• 1890 Cal. LEXIS 1062

Syllabus

<p>Action for Breach of Contract — Sale of Newspaper-stand—Provision for Satisfactory Arrangements. — In an action to recover dam- • ages for the failure of the buyer to comply with a contract for the purchase of a newspaper and stationery stand, which, by its terms, was to be void unless such arrangements could be made with certain newspapers as would be satisfactory to him, evidence that the buyer made arrangements with the newspapers upon the same terms that they had given to the seller, and that such terms were stated to the buyer at the time of the negotiation, and were then agreed to be satisfactory to him, sufficiently shows a compliance with the condition upon which the contract was to become operative.</p> <p>Id. —Parol Evidence—Written Contract — Merger. — In such action, parol evidence as to the conversation between the buyer and the seller, with reference to the arrangements with the newspapers, whether had before or after the written contract was executed, is admissible to show that the buyer knew what the arrangements of the seller with the newspapers were at the time of the agreement, and that he would be satisfied with a renewal of the same arrangements, and to show that his repudiation of the agreement was not in good faith.</p> <p>Id.—Lien oe Seller — Passing Title — Breach oe Executory Contract. — Such contract being but an agreement to sell, section 1749 of the Civil Code, and other sections relating to the enforcement of a lien of the seller, do not apply, as the title to the property remained in the seller, and he could not enforce a lien against his own property, or sell it as the property of the buyer; and an action for damages for the breach of such executory contract will lie without the enforcement of any lien, or a rescission of the sale, as provided in section 1749 of the Civil Code.</p> <p>Id.—Damages — Loss on Resale — Evidence. — Evidence that the seller notified the buyer, upon his refusal to consummate the agreement of purchase, tha