Langley v. Rodriguez

Citations

• 122 Cal. 580
• 55 P. 406
• 1898 Cal. LEXIS 636

Syllabus

<p>Sale of Raisin Grapes—Written Contract—Oral Promise of Agent —Advance Payment—Fraud.—The breach of a written contract for the sale of a growing crop of raisin grapes, to be gathered and cured by the vendor, and paid for by the purchaser on delivery, cannot be excused by mere breach of a cotemporaneous oral promise of the agent of the vendor that an advance should be made on the price of a specified sum, to enable the vendor to pick and cure the grapes, provided sucn promise was honestly made; but, if the oral promise was made without any intention of performing it, and for the purpose of securing the execution of the written agreement by the vendor, it is fraudulent, and entitles the vendor to avoid the contract.</p> <p>Id.—Pleading—Absence of Intention to Fulfill Promise.—In pleading the fraud of the agent in making the oral promise, it is not essential that the answer should charge in so many words that there was no intention to fulfill the promise at the time it was made; but it is sufficient that such is the effect of the averments» made upon the subject.</p> <p>Id.—Nonpayment of Promised Advance—Proof of Damage Immaterial.—The payment of the promised advance, to enable the vendor to gather and cure the raisin crop, if fraudulently promised, was a condition precedent to the duty of the vendor to deliver the cured crop; and it is not necessary for the vendor, in such case, to prove that he was damaged by failure to receive the expected advance.</p>