Ivey v. Kern County Land Co.

Citations

• 115 Cal. 196
• 46 P. 926
• 1896 Cal. LEXIS 992

Syllabus

<p>Vende oe Action—Breach oe Contract oe Corporation to Convey Land—Election oe Plaintiff.—An action for breach of a contract of a corporation to convey land situated in a county other than that of its principal place of business, is triable at the election of the plaintiff in the county where the contract was made or was to be performed, and where it appears that the contract was made and was to be performed in the county where the land is situated, an action brought therein cannot be removed for trial, upon motion of the defendant, to the county in which its principal place of business is situated.</p> <p>Id.—Plage of Execution of Contract—Agency—Delivery.—Where the corporation has an agency in the county where the land is situated, and the contract, after having been signed by plaintiff in such county, was forwarded by the agent of the corporation, to the corporation at its principal place of business, and was there signed on behalf of the corporation, and by it returned to such agent, who finally delivered it to plaintiff, the contract must be deemed to have been executed in the county where the land is situated, the execution thereof being incomplete until such delivery, and the place of delivery, being the place where the last act is performed which is necessary to render the contract obligatory, is the place where the contract is made.</p> <p>Id.—Execution in Duplicate.—A contract to convey land executed in duplicate is in effect one instrument, which does not take effect until one of the duplicates is finally delivered to the party to whom the land is to be conveyed.</p> <p>Id,—Place of Breach of Contract.—Where the plaintiff, as purchaser of the land, was directed to make his payment to the agent of the corporation in the county -where the land was situated, upon full payment being made there, the plaintiff was entitled to have delivered to him at that place, and at the time of full payment, a conveyance of the land, and the contract to convey must be deeme