Rayfield v. Van Meter

Citations

• 120 Cal. 416
• 52 P. 666
• 1898 Cal. LEXIS 781

Syllabus

<p>Contract bob Sale—Refusal ob Performance by Boyer—Recovery ob Purchase Price.—Under a contract for the sale of personal property, for which the purchase price was partly paid, the purchaser, who had received the immediate possession of the goods, and had agreed that if he failed to pay the balance of the price on a day certain he would restore the possession to the seller on demand, but who, at the time performance was due, refused either to pay or to restore the goods, whereupon they were taken possession of by the seller in an action of replevin and subsequently sold, cannot recover from the seller the amount paid on the purchase price, in the absence of any grounds for equitable relief. In such a case, the remedies given to a seller under a contract of sale, by section 1749 of the Civil Code, are inapplicable.</p> <p>In.—Purchase Price.—A buyer of personal property who without lawful excuse refuses to perform his contract is not entitled either at law or in equity to recover back money paid on account thereof.</p>