Peckham v. Stewart

Citations

• 97 Cal. 147
• 31 P. 928
• 1893 Cal. LEXIS 501

Syllabus

<p>Vendor and Purchaser—■ Contract.oe Sale — Dependent Covenants — Failure to Execute Deed — Action by Purchaser — Pleading — Written Offer to Perform — Tender. — Where, by the terms of a contract for the sale of real estate, the vendor agreed to execute a conveyance of the property on or before a specified date, provided the purchasers should, on or before that date, pay the balance of the purchase price, the covenants are mutual and dependent, and the purchasers cannot sue for damages for failure of the vendor to make the conveyauce, unless the complaint alleges a full performance, or offer to perform, on their part; but it is sufficient to aver an offer in writing by the purchasers to pay the residue of the purchase-money, accompanied by a demand for a deed; and it is not incumbent upon the purchasers to allege or prove an actual production or tender of the money to the vendor, in order to enable them to maintain the action, if the vendor did not signify his acceptance of the offer.</p> <p>Id.—Contract for “Good and Perfect Title.” — To satisfy a contract for the conveyance of a “ good and perfect title,” the title must not only be good in point of fact, but it must also be apparently perfect when exhibited, — that is, free from any reasonable objection. It is not sufficient that it can be shown to be good as the result of an action instituted for the purpose of reforming defects existing in any deed which is necessary to make the chain of title complete.</p> <p>Id. — Apparent Defect in Title — Misnomer of Grantee. — Where the legal title to land is in a person bearing the name of K. F. Redmond, the execution of a deed of the land by one K. F. Redman does not transfer such a title to the vendee named therein as an intending purchaser from such vendee is bound to accept; and a subsequent execution by the said Redman of another deed to the same land to the same vendee, in which he recites that he derived title thereto under the name of K. F. Redmond, that his name