Herberger v. Husmann

Citations

• 3 Cal. Unrep. 304
• 24 P. 1058
• 1890 Cal. LEXIS 1173

Syllabus

<p>Vendor and Vendee—Disaffirmance by Vendee.—Where a contract for the sale of land provides that the vendee may disaffirm the sale at the end of a year, in which event he is to be repaid his purchase money, with ten per cent interest, on giving thirty days’ notice of his intention to disaffirm, the vendor cannot complain that the vendee gave more than thirty days’ notice of his intention, as this is to the vendor’s advantage.</p> <p>Vendor and Vendee—Disaffirmance by Vendee.—A further provision in the contract of sale that on its disaffirmance the vendee should surrender the title acquired by him thereunder is sufficiently complied with by an offer, in the notice of disaffirmance, to surrender his claim to the land on the repayment to him of the purchase money; and, on the vendor’s refusal to make such repayment, the vendee may maintain an action therefor without tendering a release of his rights under the contract, Code of Civil Procedure, section 2074, providing that an offer in writing to deliver a written instrument is, if not accepted, equivalent to a tender of the instrument.</p>