Lamott v. Butler

Citations

• 18 Cal. 32

Syllabus

<p>Where B. sells and delivers to C. certain personal property, with an agreement then made that C. is to resell and redeliver upon B/s executing and delivering to C. certain notes, and B. subsequently tenders these notes and demands the property, and C. refuses to take the notes or surrender the property, and the whole transaction on the part of C. was a fraud, his intention being to get hold of and keep the property: Held, that the tender of the notes did not vest the ownership thereof in C., and that he cannot sue on them; that the fraud takes the case out of the rule that a tender of specific personal property vests the title thereto in the tenderee.</p> <p>The answer in this case sufficiently presents the question of fraud. See facts.</p>