Pearis v. Covillaud

Citations

• 6 Cal. 617

Syllabus

<p>Where the plaintiff gave his note, payable four months after date, in consideration of which the defendants executed a contract for a deed of land, upon payment of the note; Held, that after a tender of the deed, and demand and refusal to pay the note after its maturity, the plaintiff had forfeited his right to insist on a performance of the contract.</p> <p>Tenants in common of land are not bound by the acts of a co-tenant in accepting a balance of the purchase money and promising a deed, after the'right thereto had become forfeited.</p> <p>It seema that the lapse of over four years from the maturity of the note, before action commenced for a specific performance, bars the action by limitation, and goes far to make out an abandonment of the purchase by the plaintiff.</p>