Karns v. Olney

Citations

• 80 Cal. 90
• 22 P. 57
• 1889 Cal. LEXIS 868

Syllabus

<p>Principal and Agent — Contract por Sale op Land—Statute op Frauds — Part Performance — Estoppel. —When a contract for sale of land is made by an agent in the presence of the principals by a memorandum in writing, and at the request of one of them the money is im- ■ mediately handed to the other, the sale is in legal effect made by the principals, and if possession is taken and valuable improvements are made by the vendee under the contract with the knowledge of the vendors after such payment of purchase-money, a written appointment of the agent is not essential, and the owners are estopped from denying his Want of authority, and from disputing the validity of the sale. Nor can they be heard to aver their want of knowledge of the location of the lot, attributable to their want of care.</p> <p>Id. —Use of Corporate Name in Contract op Sale. —When the owners of land use a corporate name in making a contract for its sale, and instruct their agent to prepare and sign the contract in that form, they cannot impeach the contract because made in such name.</p> <p>Id. —Certainty op Terms — Specific Performance. —A memorandum of a contract for the sale of land accurately describing it, and the amount and time of payments therefor, is sufficiently certain to be specifically enforced, notwithstanding it is declared to be “subject to the conditions in a formal contract as to clearing streets, improvements, etc.,” and provides that it shall be surrendered “on delivery of formal contract or deed.”</p> <p>Id. —Specific Performance —Laches—Statute op Limitations—There is no absolute bar to an action for specific performance of a contract for sale of land short of the statute of limitations. Shorter delays may sometimes be fatal, but each case depends upon its own circumstances. The circumstances of this case held to show no ground of objection to the action by reason of plaintiff’s delay in bringing the action.</p> <p>Ip. —Constructive Notice — Registry op Deeds. — The doctrine of