Hall v. Cole

Citations

• 4 Cal. Unrep. 928
• 38 P. 894
• 1894 Cal. LEXIS 1274

Syllabus

<p>Removal of Buildings—Suit for Recovery—Cross-complaint.— Under Code of Civil Procedure, section 442, providing that, when a defendant seeks affirmative relief relating to the transaction upon which the action is brought, he may file a cross-complaint, a cross-complaint in an action to recover buildings removed from plaintiff’s land which alleged that plaintiff purchased the land and erected the buildings for defendants, agreeing to convey the premises to them when they could purchase the same; that defendants tendered him the purchase price therefor, but that he refused to give them a deed thereto, and which prayed judgment that plaintiff deed the property to defendants, was improperly stricken out.</p> <p>Removal of Buildings.—In an Action to Recover Buildings Removed • from plaintiff’s land, wherein defendants admitted that plaintiff purchased the land and erected the buildings, but claimed to own the premises by reason of plaintiff’s agreement to sell the same to them, and their tender to him of the purchase price, plaintiff testified that he agreed to sell the premises to defendants, and that they advanced him money to apply in purchasing the land and erecting the buildings, but that they withdrew all of the same soon after; that he let defendants' go into possession of the premises without any further transaction; that thereafter defendants tendered him the purchase price of the land, only, and he told them merely that he could not give them a deed, but would have to see the man who then held the title to the property to secure a loan to plaintiff, held, that ownership of the buildings not appearing in defendants, a nonsuit was improperly granted.</p>