Henderson v. Hicks

Citations

• 58 Cal. 364
• 1881 Cal. LEXIS 238

Syllabus

<p>Specieio Pebfobmance—Vendob and Vendee—Rescission.—Specific performance is a relief which the Court will not give unless in cases where the parties seeking it come as promptly as the nature of the case will permit; accordingly this relief denied in a case where the vendee had failed to pay any part of the purchase money, except a portion of the interest thereon, for a period of over six years from the execution of the contract.</p> <p>Id,—Id.—Id.-—R. purchased land in his own right, taking a deed therefor in his own name, but before purchasing gave H. an agreement to convey the land to him upon the payment of the money which he had paid with interest, within eight months. H. failing to pay within the time, R. returned to him money received on account of purchase, and notified him that the contract was at an end. Held, That the rescission was valid.</p>