Tozer v. George

Citations

• 123 Cal. 650
• 56 P. 465
• 1899 Cal. LEXIS 1132

Syllabus

<p>Vendos and Purchases—Contract of Sale—Installments—Option of Purchaser—Forclosube—Insufficient Complaint.—Where, by the terms of a contract for the sale of land, the purchase money was payable in installments of twenty dollars per month, and the purchaser had the option to pay more than the stipulated installment at any time, a complaint in an action by the vendor to foreclose the rights of the purchaser, which merely avers that' nothing had been paid since a specified date more than three years after the date of the contract, without stating the amount paid, or the amount unpaid, is not sufficient to show a breach of the contract, or to show that defendant was in default at the commencement of the action.</p> <p>Id.—Construction of Complaint—Excessive Judgment.—The complaint must be construed as admitting that the contract of sale had been performed prior to the date since which it was alleged that no payments were made, and a judgment in excess of the amount of installments accruing after that date cannot be sustained.</p>