Winton v. Spring

Citations

• 18 Cal. 451
• 1861 Cal. LEXIS 230

Syllabus

<p>W. enters into a contract with S. for the purchase from him of land for $25,000— $4,000 cash, $10,500 Oct. 15th, 1858, remainder in a year thereafter. Cash payment was made, and W. took and held possession for nearly a year. The parties then indorsed on the contract this agreement, to wit: “For value received, we hereby cancel the annexed and within agreement, and mutually agree and discharge each other from all the covenants and agreements therein contained; and the said Winton, the purchaser, hereby surrenders possession of the within described premises to the said Spring:” Held, that W. cannot recover the $4,000 paid; that the word “ cancel,” as used, is not equivalent to “ rescind; ” and that as nothing is said in the agreement about putting the parties in statu quo, and refunding the $4,000, the true construction is, that the parties meant to exclude what they did not directly express.</p>