Steele v. Branch
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. The facts are stated in the opinion. First — Time may be made of the essence of a contract. The doctrine of Lord Thurlow that a purchaser could not so stipulate, rested on no principle, and has long been exploded. In equity, time is held to be of the essence of a contract in case of direct stipulation, or necessary implication.
Read the full summary
Appeal from the District Court of the Fourth District, City and County of San Francisco. The facts are stated in the opinion. First — Time may be made of the essence of a contract. The doctrine of Lord Thurlow that a purchaser could not so stipulate, rested on no principle, and has long been exploded. In equity, time is held to be of the essence of a contract in case of direct stipulation, or necessary implication. And the conduct of the parties may be resorted to, to show that they regarded time essential. (Benedict v. Lynch, 1 Johns, 0. B. 370; Wells v. Smith, 2 Edw. C. It. 78; same case, 7…
1Opinion of the Court
Crockett, J.,
delivered tbe opinion of tbe Court, Wallace, J., TEMPLE, J., and Bhodes, C. J., concurring.
Tbe plaintiffs and tbe defendants, except tbe defendant Cerf, entered into a written contract in July, 1866, whereby tbe latter sold and agreed to convey to tbe former tbe premises in controversy, consisting of five leagues of land. At tbe date of this contract tbe said lands, or a large portion thereof, were subject to an unsatisfied mortgage made by tbe defendant Francisco Z. Branch to one Sparks for tbe sum of $24,000; or thereabouts, which, by tbe terms thereof, was to become due and…
2Cases cited16 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Brashier v. GratzSupreme Court of the United States · 1821
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Wells v. SmithNew York Court of Chancery · 1837
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Knight v. BlackCalifornia Court of Appeal · 1912
- Henck v. Lake Hemet Water Co.California Supreme Court · 1937
- Miller v. CoxCalifornia Supreme Court · 1892
- Mosso v. LeeNevada Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.