Southern Pacific Railroad v. Terry

Citations

• 70 Cal. 484
• 11 P. 769
• 1886 Cal. LEXIS 826

Syllabus

<p>Contract for Sam of Land—Acceptance of Offer Contained in Circular— Railroad Lands.—The action was brought to recover the possession of certain land forming part of the railroad lands of the plaintiff. The defendant settled upon the land, under the provisions of a printed circular issued by the plaintiff, inviting settlers to go upon its lands and occupy and use them until the company was ready to sell, and giving to snch settlers the right to purchase on certain terms and conditions, all of which the defendant had complied with, except the completion of the purchase, which the plaintiff refused to permit. Held, that the acceptance by the defendant of the offer contained in the circular constituted a contract of sale, and established the relation of vendor and vendee between the plaintiff and the defendant, and that as the defendant was rightfully in possession, the plaintiff could not recover.</p>