Woodruff v. Semi-Tropic Land & Water Co.

Citations

• 87 Cal. 275
• 25 P. 354
• 1890 Cal. LEXIS 1131

Syllabus

<p>Vendor and Purchaser — Contract op Sale —Time of Essence.— Time is of the essence of a contract tor the sale of land, which provides that the consideration is to be paid in installments at stated times, that a good and sufficient deed is to be delivered upon receiving the payments at the times and manner agreed upon, and that in the event of a failure to comply with the terms of the contract by the vendees, the vendor is to be released from all obligations to convey the property, and the vendees are to forfeit all rights thereto.</p> <p>Id.—Default of Vendor — Demand — Offer of Performance — Rescission by Vendees — Recovery oe Purchase-money.—Where time is of the essence of the contract, and the vendor fails and neglects to execute the conveyance required by the contract after demand therefor, and an offer in writing by the vendees to pay the last installment of purchase-money, the vendees may rescind the contract, tender a reconveyance of their rights to the vendor, and surrender the possession, and demand and recover back the installments of purchase-money paid.</p> <p>Id. —Subsequent Offer of Vendor to Perform. — After the vendees have rescinded the contract for the default of the vendor, and tendered restitution, and demanded a repayment of the installments of purchase-money paid, no subsequent offer of performance on the part of the vendor will relieve him from the effect of his.- default; and the vendees are not bound to accept an offer of performance made by the vendor after suit brought for. the recovery of the purchase-money, and before service of the summons therein.</p>