Ward v. Yorba

Citations

• 6 Cal. Unrep. 101
• 54 P. 80

Syllabus

<p>Vendor and Vendee.—A Contract to Convey by Good Title was made between persons, both of whom claimed the premises by paramount title; but at the time of making the contract the vendee, acting on the advice of counsel, conceded the vendor’s title to be the better one. The vendor testified that he agreed to convey only his interest, which was corroborated by another, and not denied by the vendee. Held, that a finding that the provision requiring a good title was inserted by mistake was justified.</p> <p>Vendor and Vendee—Mistake.—The Vendor and the Vendee Each claimed the premises by paramount title, and the vendee’s counsel erroneously advised him that his title was inferior. The vendee knew all the facts on which this advice was based, and thereupon contracted to buy the vendor’s interest. Held, that he was not entitled to be relieved from the contract on the ground of mistake, under Civil Code, section 1577, defining a mistake as an unconscious ignorance or forgetfulness of a material fact, or a belief in the existence of a material thing which does not or did not exist.</p> <p>Vendor and Vendee—Consideration.-—The Vendor and the Vendee Adversely claimed land in the former’s possession worth $9,000, the vendee claiming under an attachment for $1,300. Held, that the vendee’s agreement to purchase the vendor’s interest for $4,750 was supported by a valuable consideration, though it afterward appeared that the vendee’s title was the better one.</p>