Thayer v. White

Citations

• 3 Cal. 228

Syllabus

<p>In a suit for the recovery of the purchase-money of land, founded on a contract, in which the plaintiff contracted to deliver a warranty deed for the land; the defendant, in his answer denied that the plaintiff was the lawful owner, or that he had any title to the land. Held, that to have enabled him to rescind the contract, the defendant was bound to aver and to show, a paramount title in another, and that failing in this, his defence to the action was defective.</p>