Hearst v. Pujol

Citations

• 44 Cal. 230
• 1872 Cal. LEXIS 186

Syllabus

<p>When Time is not of the Essence of a Contract.—When a deed contained a provision that the grantee, within one year from its date, should reconvey to the grantor a specified quantity of the land conveyed, to be selected by the grantor, the right to select the land to be reconveyed, and to a reconveyance, is not lost to the grantor by his failure to exercise the right within one year.</p> <p>Contract to Bedeed Part of Land Conveyed.—When a deed contains a clause that the grantee shall reconvey a portion of the premises to the grantor within one year, to be selected by the grantor, and the grantor then conveys to a third party his interest in the land, the right of the grantor to make the selection and to receive the deed is gone, and passes to the purchaser from him.</p> <p>Construction of Contract to Convey Land.—A contract to convey a tract of land to be so surveyed as to include the dwelling house of the party who is to receive the conveyance, and “ also the fields and fenced lands in front of and about said house,” does not by its terms include a “ corral” on the land out of which the survey is to he made.</p> <p>Estoppel in Case of Contract to Convey Land.—Where a party contracts to convey to another a specified quantity of land within one year, to be selected in a square form by the person to whom the conveyance is to be made, and the person who is to make the selection fails within the year to do so, and the other then makes the selection and offers to make the conveyance, which offer is neither accepted nor rejected at the time, but the offer is afterwards accepted and a conveyance demanded, the one who is to make the conveyance cannot object because the selection was not in a square form, or made within one year, or for any other reason.</p> <p>Equity will Believe against Mistake.—A Court of equity will set aside a deed made under a mistake as to the rights of the parties.</p> <p>Express Trust.—If A. conveys to B. a tract of land, to be by B. afterwards re