Martin v. Morgan

Citations

• 87 Cal. 203
• 25 P. 350
• 1890 Cal. LEXIS 1118

Syllabus

<p>Vendor and Purchaser—Contract of Sale — Time, when of Essence of Contract. — A stipulation in a contract for the conveyance of land, to the effect that the vendor would convey within sixty days from the date thereof upon condition that the final payment of the purchase-money should be made within said time, otherwise the “ agreement to be null and void, ” shows a clear intention to make time the essence of the contract; and a failure by the vendees or their assignees to make the payment due, within the time fixed, avoids the contract.</p> <p>Id. — Intention of Parties — Provision Avoiding Contract. — The intention of the parties to make time the essence of a contract must govern, and no particular form of stipulation is necessary, but any clause will have that effect which clearly and absolutely provides that the contract is to he void, if the fulfillment is not within the prescribed time.</p> <p>Id.—Unilateral Contract — Possession of Vendee — Specific Performance — Failure to Tender Purchase-money in Time Limited. — When time is made of the essence of a unilateral contract to convey land upon payment of the purchase-money within a definite period, the fact that the vendee entered into possession of the land, plowed, surveyed, and platted it into lots, without making any other improvements thereon, will not entitle him to a specific performance of the contract, if he has failed to tender the purchase-money within the time limited.</p>