Putnam v. Dungan

Citations

• 89 Cal. 231
• 26 P. 904
• 1891 Cal. LEXIS 803

Syllabus

<p>Release oí Interest in Land — Failure of Title — Recovery of Money Paid. — One who pays money to another for a release of his interest in certain land, upon the condition that if it be ascertained that he did not have any interest in the land the money is to he repaid, may maintain an action for the recovery of the money, if it is satisfactorily established that he had no interest in the land sold.</p> <p>Id.—Appeal — Conflicting Evidence — Compromise.—Where the evidence is substantially conflicting as to whether he had any interest in the land sold, and as to whether the payment was made under such agreement or was paid as a compromise and settlement of differences, a verdict and judgment for the recovery of the money will not he disturbed.</p> <p>Id.—Person Charged with Knowledge of his Own Title.—One who was personally connected with all the acts and transactions culminating in the purchase of land will he held, as a matter of law, upon a resale thereof, to have known whether he had any interest in the land or not.</p> <p>Id.—Voluntary Payment — Knowledge of Plaintiff.—The fact that the plaintiff had learned the facts connected with the purchase before the payment was made would not make the payment voluntary, or preclude him f om recovering it back under such agreement in case the seller had no interest in the purchase.</p> <p>Id.—Interest in Purchase — Evidence — Joint Note.—The fact that several parties unite in a note to a hank for the money with which to purchase land is not conclusive in determining their relations, and does not of itself create a joint interest in the purchase in favor of all parties to the note.</p>