Mack v. Morrison

Citations

• 41 Cal. 11

Syllabus

<p>Construction oe Written Contract.—Where W. sold to M. a tract of Z1 land, supposed to he part of a Mexican grant, for two thousand dollars, six hundred dollars of which was paid down, and it was agreed: first, that the remaining fourteen hundred dollars should he paid when the grant should he finally confirmed and patent issued thereon, embracing these lands; second, that if the title to the grant should he rejected, or, if confirmed, not embrace the land sold, M. should he absolved from further payments; and, third, that if the title should he rejected the six hundred dollars paid should he refunded: held, that a confirmation of the grant, with such boundaries as not to include the tract sold, did not entitle M. to recover the six hundred dollars paid.</p>