Kiefer v. Laventhal

Citations

• 110 Cal. 667
• 43 P. 205
• 1896 Cal. LEXIS 531

Syllabus

<p>Sale of Liquor Saloon — Payment upon Procurement -of License — Recovery of Deposit — Pleading.—Where personal property, consisting of all of the goods owned by the vendor in a retail liquor saloon, is sold for an agreed price, and as a further and separate agreement ■between the parties, the purchaser agrees to deposit with third parties an additional sum to be paid to the vendor upon the procurement of the right to sell and carry on a retail liquor business within the saloon, a complaint by the assignee of the vendor to recover the amount of the deposit is insufficient if it does not aver that the vendee procured the right to carry on the business, or could carry on the business without the procurement of the license, or that by his own neglect or default he had failed to secure the privilege.</p> <p>Id.—Construction of Contract—Condition as to Obtaining License. Such contract of sale is to be construed as an agreement to pay a fixed price for the personal property owned by the vendor in the saloon, and to pay the additional sum when and if the vendee obtained a license to> conduct the business; and if he succeeded, his liability was complete, but if he failed, then he owned the property for which he had paid the price, and the transaction was at an end.</p>