Reynolds v. Borel

Citations

• 86 Cal. 538
• 25 P. 67
• 1890 Cal. LEXIS 1063

Syllabus

<p>Vendor and Purchaser — Conditional Contract of Sale — Return os Deposit — Imperfect Abstract of Title — Refusal of Purchaser to Make Title Good. — Where a contract for the sale of land was conditioned that if the title was found imperfect, and could not be made good, the deposit made by the purchaser would be returned, and certain imperfections were found in the abstract of title, which there was a reasonable probability might give rise to litigation, and which made the title subject to grave doubts, and which the vendor refused to remedy or remove or warrant the purchaser against, an action will lie in favor of the purchaser to recover the amount of the deposit made by him.</p> <p>Id. — What Constitutes a Good Title. — A title to be good should be free from litigation, palpable defects, and grave doubts, should consist of both legal and equitable titles, and should be fairly deducible of record.</p> <p>Id. — Imperfect Title. — A title is not good, within the meaning of the foregoing rule, when the records show that a previous deed purporting to convey an interest in the land had been made to a person with whom the vendor does not connect himself, or when circumstances exist which render it possible for creditors of a prior owner of the land to attack a conveyance under which the vendor holds.</p>