Lynch v. Pearson

Citations

• 125 Cal. 21
• 57 P. 676
• 1899 Cal. LEXIS 792

Syllabus

<p>Use and Occupation—Sale under Foreclosure—Rescinded Contract. An agreement between a mortgagee and- the son of a mortgagor who was living on the mortgaged premises with his father, that the mortgagor would obtain title under foreclosure, and convey it to the sion, on certain terms specified, which was mutually rescinded after the son had made a small payment thereon, does not relieve him from liability to the mortgagor for use and occupation after such rescission, and after purchase by the mortgagor at the sale under the foreclosure; and a judgment for the value thereof, less the payment made under the agreement, will be affirmed.</p> <p>Id.—Contract of Sale—Possession not Taken under Vendor—Exception to Rule.—The rule that one who enters by virtue of a contract of sale of the premises is not thereafter liable to an action for use and occupation, has no application where possession was not taken under the contract, and the vendor had no power to put the purchaser in possession, but the contract of sale was made by a mortgagee to sell the title to be acquired under foreclosure to a party already in possession, and was rescinded before such title was acquired.</p>