Yates v. James

Citations

• 89 Cal. 474
• 26 P. 1073
• 1891 Cal. LEXIS 841

Syllabus

<p>Vendor and Purchaser — Breach of Contract by Vendor — Measure F Damages. —The measure of damages caused by the breach of a contract to convey lands on the part of the vendor is the price paid, and the expense of examining the title and preparing the necessary papers, with interest thereon; and in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.</p> <p>Id.—Increased Value of Property — Bad Faith—Support of Judgment. — Where the failure of a vendor to convey land on which a homestead has been declared is caused by the refusal of his wife to unite in a deed, and bad faith on the part of the vendor is neither alleged, found, nor proved, the allowance, as damages, of the increased value of the property is error.</p> <p>Id. — Pleading — Complaint — Support of Verdict — Failure to Object to Evidence — Submission of Question Outside Issues — Estoppel.— The fact that the vendor failed to object to evidence offered by the vendee as to the increased value of the property, and concurred in submitting the question to the jury, does not estop him from claiming the benefit of the objection upon appeal, that there was no allegation in the complaint to support the finding of the jury.</p>