Goodale v. West

Citations

• 5 Cal. 339
• 1855 Cal. LEXIS 135

Syllabus

<p>Where a paper is introduced as evidence of payment, and no objection is made at the trial at nisi prius to its sufficiency to prove the payment, the want of such objcctiou is equivalent to an admission of its sufficiency.</p> <p>Courts will not permit a party to give an apparent acquiescence in the admission of evidence, which will cpierate to mislead or entrap Ms adversary.</p> <p>An objection to the sufficiency of evidence should be made at the time the same is offered to he introduced, so that a party may have the opportunity of supplying the necessary evidence.</p> <p>A refusal in writing to execute a conveyance is evidence proving a demand of such conveyance.</p> <p>la an action for specific performance against a venddr who refused to make a title, it is not necessary that a deed should be tendered him for his execution.</p> <p>But in such an action, tender of the unpaid purchase money must be proved as it is of the essence of the contract.</p> <p>To entitle a party to a specific performance he must have performed, on his part, every essential of the agreement.</p>