Rewrick v. Goldstone

Citations

• 48 Cal. 554
• 1874 Cal. LEXIS 197

Syllabus

<p>Contract in the Alternative.—If a person purchases property from another, and contracts in the alternative, to either pay the purchase-price .at a day named, or reconvey the property, he must make his election on the day named, and if ha does not, he loses his right of election.</p> <p>Idem.—When a contract is in the alternative, the party who is to perform must make his election on the day the promise is to be performed. He cannot wait until the next day after he is in default.</p> <p>Clauses in Contract makinq Conveyance Hull and Void.—If there is a provision in a contract between the purchaser and seller of personal property, that the seller shall pay the purchase-price at the end of two years, or reconvev the property, and that, if the purchase-price is not paid, the conveyance shall become null and void, but that the pur-</p> <p>chaser may sell within two years, a sale within the two years prevents' the property from vesting in the seller on a failure to pay the money.Copt of Wbiting as Evidence.—If a copy of a conveyance is admitted in evidence, without an objection that it is not the best evidence, or that the loss of the original is not shown, it has the same effect as evidence that the original would have had.</p>