Vorwerk v. Nolte

Citations

• 3 Cal. Unrep. 285
• 24 P. 840
• 1890 Cal. LEXIS 1165

Syllabus

<p>Vendor and Vendee—Failure to Convey.—Defendant contracted to sell land to plaintiff, and stipulated that the money paid therefor was to he returned in case he failed to execute and deliver a deed “after one year from date” of the contract. It was agreed that time was of the essence of the contract. Held, that the deed was to be delivered one year from the date of the contract, and a tender of it nine days after the expiration of the year was not a compliance with the contract.</p> <p>Vendor and Vendee.—An Action to Recover Such Purchase Money is not an action for the rescission of the contract, but one for money due thereunder.</p>