Tappan v. Albany Brewing Co.

Citations

• 80 Cal. 570
• 22 P. 257
• 1889 Cal. LEXIS 961

Syllabus

<p>Contract with Purchaser at Partition Sale—Invalidity—Concealment on Material Fact — Public Policy.—A contract between the purchaser at a partition sale and one of the parties to the partition suit, who was about to contest the confirmation of the sale for inadequacy of the price bid, to the effect that said party, in consideration of a specified sum to be paid in addition for her interest in the property, would refrain from contesting said'confirmation, is a contract for the concealment of a material fact from the court and the other parties to the partition suit, which it was the duty of the contracting party to make known, and is void as against public policy, and neither party should receive the aid of the courts to enforce it.</p>