Price v. Sturgis

Citations

• 44 Cal. 591

Syllabus

<p>Ratification of Contract.—If one party sells to two others a tract of land, and a sum of money is paid down, and the negotiation on the part of the grantees is conducted principally by one of tjiem, and he, when the money is paid and the deed delivered, agrees to pay the grantor a further sum out of the first money received from the sale of the land, and a contract between the three is drawn up to that effect, hut is signed only by the grantor and the grantee who makes it, and the other grantee is ignorant of it, he is not hound by it, and the fact that he received the deed and entered into possession of the land and afterwards sold it, does not amount on his part to a ratification of it.</p> <p>Contract Not Within the Statute of Frauds.—A verbal agreement made by a grantee when he buys land and receives a deed therefor, to pay the grantor a further sum of money as a part of the price, out of the proceeds of the sale of the land when he sells it, is valid, and the Statute of Frauds does not require it to he in writing.</p> <p>Idem. — Such contract is not for the conveyance of land, hut for the payment of a certain sum of money upon the happening of a certain event.</p> <p>New Trial.—A new trial will not he granted on the ground of the insufficiency of the evidence to justify the judgment, if there is a substantial conflict in the evidence.</p>