Kerns v. McKean

Citations

• 65 Cal. 411
• 4 P. 404
• 1884 Cal. LEXIS 578

Syllabus

<p>CONTBAOT FOB SALE OF LAND — POBFEITTJBE — WAITEB—AdHINISTBATION.— Where by the terms of a contract for the sale of lands the vendor is authorized, upon default in the payment of any installment of the purchase money or interest thereon, to declare the contract forfeited by depositing a written notice to that effect in the office of the county recorder of the county where the lands are situated, and to enter immediately into the possession of the premises, and be restored to his former estate therein, held, the vendor’s right to possession was not lost by mere delay in declaring the forfeiture, nor by the death of the vendee before such declaration, nor by a failure to present a claim to the administrator of the vendee.</p> <p>Apfeal — Contbadictobv Finding. — Where the findings are contradictory, the judgment will be reversed.</p>