Scott v. Glenn

Citations

• 98 Cal. 168
• 32 P. 983
• 1893 Cal. LEXIS 880

Syllabus

<p>Appeal—Order Denying New Trial—Undertaking—Dismissal An appeal from an order denying a new trial must be dismissed when no undertaking on appeal is filed thereon.</p> <p>Id__Appeal from Judgment—Review of Evidence.—Upon an appeal from a judgment not taken within sixty days from the rendition thereof, the evidence cannot be reviewed, but only the pleadings, findings, and judgment.</p> <p>Vendor and Purchaser — Contract of Sale—Signature by Vendor Only— Validity. — A contract for the sale of real estate is not void because signed by the vendor only and not by the purchaser. The vendor is the party to be charged, and his signature to the contract, taken in connection with its delivery to the purchaser and a partial payment thereunder, binds both parties.</p> <p>Id. — Signature of Vendor by Co-vendor—Ratification—Finding—Appeal__ When the findings show a written ratification of the signature of one vendor by a co-vendor, such finding is conclusive upon appeal as to the authority for the signature, when the evidence is not before the appellate court for review.</p> <p>Id.— Time of Essence of Conte act—Eailuee of Vendob to Tbndbb Deed — Eecoveby of Pdbchase-money.—The fact that the contract of sale expressly makes time of the essence of the contract, and that the vendor did not tender a deed at the time when the last payment fell due, does not put him in default so as to preclude a recovery by him of unpaid purchase-money.</p>