Phelps v. Brown

Citations

• 3 Cal. Unrep. 427
• 27 P. 420
• 1891 Cal. LEXIS 1291

Syllabus

<p>Vendor and Vendee—Rescission—Refunding Deposit.—Plaintiff agreed with one N. and wife to exchange lands, and advanced $500 of the purchase price. N. gave a receipt for the money, and indorsed thereon: “Trade to be finished within two weeks from this date, or this deposit to be forfeited without recourse. Title to prove good, or no sale, and this deposit to be returned.” An attachment against plaintiff’s husband had been levied on her property, which she refused to procure discharged. N. abandoned the trade, and returned the money to defendants, who had negotiated the exchange of lands for N. Held, that the deposit remained in the hands of defendants as money had and received to plaintiff’s use.</p>