Reese v. Hoeckel

Citations

• 58 Cal. 281

Syllabus

<p>Specific Performance—Vendor and Vendee—Incumbrance —Perfect Title—Specific Performance—Judgment.—The defendant agreed to convey to the plaintiff a perfect title to a tract of land upon which there was at the time, a mortgage—which defendant refused to satisfy.</p> <p>Held, in an action for specific performance by the vendee, that he was entitled to the relief prayed in his complaint, viz., “that the defendant cause the said tracts or lots of land to be released from said mortgage, or in default thereof that he secure plaintiff for the payment of the same and execute to plaintiff a sufficient conveyance of the said land with a perfect title thereto.”</p> <p>Id.—Id.—Id,—Id.—In another action upon the same contract by an assignee of the vendor for the purchase money: Held, that a tender of a conveyance by the vendor while the mortgage remained unsatisfied was not a compliance with the contract.</p>