Widmer v. Martin

Citations

• 87 Cal. 88
• 25 P. 264
• 1890 Cal. LEXIS 1098

Syllabus

<p>Judgment on Pleadings — Material Issue.—A judgment on the pleadings cannot be taken where a single material issue is presented by the answer.</p> <p>Id.—Action to Recover Deposit—Vendor and Purchaser—Defective Title. —In an action by the vendee to recover hack a deposit made under a contract for the purchase and sale of land, by the terms of which the vendor was to convey the land as soon as he received a deed, and in pase of a defective title, to return the deposit made, where the complaint alleged a demand by the plaintiff for a conveyance, and a refusal by the defendant to convey, on the ground of an alleged defective title, an answer denying such allegations, and alleging that the defendant expects to he and will be able soon to obtain the legal title, raises material issues, which the defendant is entitled to have tried, and a judgment on the pleadings in favor of the plaintiff is erroneous.</p>