Luchetti v. Frost

Citations

• 6 Cal. Unrep. 763
• 65 P. 969
• 1901 Cal. LEXIS 1231

Syllabus

<p>Vendor and Vendee—Offense of Selling Land Twice.—A contract to sell land free of encumbrance, which the vendor has previously contracted to sell to another, is not in violation of Penal Code, section 533, providing a penalty for selling land which has been bargained to another with intent to defraud previous or subsequent purchasers, where the previous contract is recognized as an encumbrance which the vendor agrees to settle.</p> <p>Specific Performance—Tender.—Defendant Contracted to Convey Land to plaintiff free of encumbrance on payment of the purchase price on or before a certain day. Plaintiff had the money, and offered to pay the price before the day named, and demanded a conveyance; but defendant had not removed the encumbrances, and on the' day after the date named conveyed to another. Held, that an actual tender by plaintiff was not necessary to enable him to maintain an action for specific performance, since defendant was then unable to perform.1</p> <p>Specific Performance.—Where There is Evidence Supporting a Finding of fact by the trial court, the finding should not be disturbed because there is also conflicting evidence.</p>