Uhlhorn v. Goodman

Citations

• 84 Cal. 185
• 23 P. 1114
• 1890 Cal. LEXIS 785

Syllabus

<p>Vendor and Purchaser — Exclusive Privilege oe Sale — Sale at Advanced Price ■— Separate Contract •— Privity — Action by Purchaser. — When one who has an exclusive privilege to sell the lands of another at a fixed price finds a purchaser at an advanced price, and contracts in his own name as grantee of the owner to sell the lands to such purchaser, and afterward obtains an agreement from the owner to deed the lands to him or order upon specified terms, the contracts must be considered as separate, and the purchaser has no privity of contract with the original owner of the lands which will entitle him to sue such owner for breach of his contract to convey, unless he obtains from the one with whom he contracted an order for a conveyance of the lands or an assignment of his interest in the contract with such owner.</p> <p>Id. —Agency — Action by Principal —Nonsuit. — When the interest of such purchaser at an advanced price has been assigned, one who claims to be a principal for whom such purchaser and his assignee acted as agents, though he may offer evidence tending to prove such agency, is •properly nonsuited in an action for damages for breach of the contract of the original owner to convey, if he fails to prove an order for a conveyance of the lands, or an assignment of an interest in the contract sued upon.</p> <p>Id. — Construction of Contracts — Separate Agreements. — The rule that several contracts between the same parties in relation to the same subject-matter, and made as parts of the same transaction, are to be construed together, does not apply to several contracts of sale between different parties, made at different times, and upon different terms and conditions; and though one of such several contracts may refer to another for a description of the premises sold, they must be regarded as separate contracts, and not as constituting one agreement.</p> <p>Competency of Witness —• Claim against Estate of Decedent — Agency ■—Commission — Interest in Suit.—A w