Southern Pacific Railroad v. Allen

Citations

• 5 Cal. Unrep. 51
• 40 P. 752

Syllabus

<p>Contract to Convey Land to Which Patent not Yet Obtained.— 'A' contract for the conveyance of land within a certain time, if the vendor within that time obtain title thereto by patent from the government, for an agreed price—money paid on the purchase price to be repaid to the vendee, without interest, if the vendor fail to obtain a patent—is not void for lack of mutuality or consideration.</p> <p>Contract to Convey Land to Which Patent not Yet Obtained.— Plaintiff agreed to convey to defendant certain lands, within five years, if he obtained, within that time, title by patent from the government, for one-fifth cash, and the balance secured by mortgage, with interest. If plaintiff failed to obtain title, he was to repay the money paid by defendant, without interest. Pending suit by plaintiff for the interest due on the mortgage, the five years expired without Ms having obtained patent. Held, that judgment must be rendered determining the rights of the parties as of the time of the expiration of the contract period, and not as of the time of the commencement of the action.</p>