Kofoed v. Gordon

Citations

• 122 Cal. 314
• 54 P. 1115
• 1898 Cal. LEXIS 579

Syllabus

<p>Appeal—Interlocutory Decree—Dismissal.—An interlocutory decree in an action to compel the conveyance of real property is not appealable, and an appeal therefrom must be dismissed.</p> <p>Tender—Conditions oe Offer—Waiver of Objections.—A tender or offer of performance, must he free from any conditions which, the creditor is not hound on his part to perform; yet if it is accompanied by improper conditions which the creditor is not bound to perform, and no objection is made thereto by the creditor, all objections to the improper conditions are waived.</p> <p>Id.—Construction of Code.—Section 1501 of the Civil Code, providing that “all objections to the mode” of an offer of performance not urged by the party to whom the offer Is made are waived, is to he liberally construed, and is broad enough to include not only the thing offered, but also the conditions upon which the offer of performance is made to depend.</p> <p>In.—Tender under Decree Enforcing Trust—Improper Demand.— Rejection of Tender—Waiver.—Under a decree enforcing a trust which required a payment to be made by the plaintiff to one of the defendants in satisfaction of a judgment in his favor, and required him thereupon to convey certain land to the plaintiff, a tender of the money could not properly he accompanied by a demand that both defendants should execute an instrument purporting to assign the judgment and to transfer the land; but where such tender was rejected by the defendants, without any objection thereto, other than that they intended to appeal from the judgment, objection to the improper demand accompanying •the tender, which might have been obviated by withdrawal thereof, if specifically objected to, was thereby waived.</p> <p>Redemption from Foreclosure Sale—Ignorance of Taxes Paid by Purchaser— Subsequent Repayment—Assignment of Certificate— Trust for Mortgagor.—A redemption from a foreclosure sale by persons adjudged to be the constructive trustees of the mortgagor, attempted in good fait