Koshland v. Spring

Citations

• 116 Cal. 689
• 48 P. 58
• 1897 Cal. LEXIS 607

Syllabus

<p>Vendor and Purchaser—Contract of Sale—Exceptions—Condition— Construction of Contract for Good Title—Impairment of Title by Dedication of Streets—Recovery of Deposit.—A contract to convey a specified tract of land, which had been platted for a townsite, excepting from the conveyance certain railroad rights of way, and any lots or parts of lots, streets or parts of streets theretofore sold and conveyed, or contracted to be sold, and to pay therefor the price of $400 an acre, on condition that the title should prove good and satisfactory to the purchaser, is not to be construed as a contract to sell within the-exterior boundaries of the tract only so many acres as were owned by the vendor at the time of the sale; but the exceptions made are susceptible of ascertainment, and the residue is within the requirement of a good title, and streets which have become highways by dedication, and which are not within the exceptions, are an impairment of title to the remainder of the tract agreed to be sold, which justifies the purchaser in refusing to complete the contract, and in demanding a return of the purchase money deposited conditionally under the contract.</p> <p>Id.—Contract for Survey and Plat—Assent to Recorded Map—Offer to Dedicate—Deeds Referring to Map—Agency.—Where the owners of land have expressly authorized the survey and platting of the land into lots, blocks and streets, the map of which has been made, and filed in the recorder’s office, and have joined in several conveyances all referring to such map for description, they have, by the approval of the map, offered to dedicate all the streets marked thereon, and their intent to dedicate is fairly apparent, regardless of whether the person with whom a contract was made to survey and plat the land, and to negotiate sales thereof, subject to specified conditions, was or was not, in strictness, their agent.</p> <p>Id.—Revocation of Offer—Conveyance to Vendee of Purchaser—Description by Exterior Boundaries—Referenc