Nicholson v. Tarpey

Citations

• 89 Cal. 617
• 26 P. 1101
• 1891 Cal. LEXIS 867

Syllabus

<p>Specific Performance—.Conveyance of Portion of Premises Sold — Retention of Contract by Grantor—Reformation of Deed.— An action by a grantee for the specific performance of a written contract for the conveyance of real estate, alleged to have been retained by the grantor of the land when he executed a deed for a portion of the premises described in the contract, which he had induced the plaintiff to accept as conveying the whole land contracted for, is, in effect, an action to reform the deed.</p> <p>Id.—Evidence — Negotiations Preceding Contract.—In such action, evidence as to the negotiations and conversations preceding the execution of the written contract is inadmissible.</p> <p>Depositions, Exceptions to.—Depositions are taken subject to all legal exceptions, except as to the form of the interrogatory; and when read upon a retrial of an action, the parties are at liberty to interpose new objections.</p> <p>Id.—Lost Writing — Terms of Contract — Intention of Parties.— The rights of the parties to a written contract must he ascertained from its terms; and whether the writing be lost or not, evidence of the intention of the parties in making it is inadmissible, in the absence of fraud or mistake.</p>