Houghton v. Steele

Citations

• 58 Cal. 421
• 1881 Cal. LEXIS 245

Syllabus

<p>Condition—Performance of Condition in Deed.—D. conveyed to Y. an undivided third of a lot of land, the deed reciting, “ the foregoing conveyance is upon the following conditions, to wit: ‘that the said Y. hereby covenants and agrees to proceed to recover the possession of the above described lot, at his own expense, at a suit at law,’ ” etc., and thereupon Y. employed a competent lawyer, and with him, with the consent of D. and his attorneys, undertook the conduct and control of an action then pending against the parties in the possession of the land. Afterwards, on the motion of D., and against the will of Y. and his attorney, another attorney was substituted in the action, who dismissed the same and commenced another action in which he recovered the land:</p> <p>Held, That, conceding the condition to have been a condition precedent, this action on the part of D. prevented its performance by Y., and therefore excused the non-performance</p>