Vorwerk v. Nolte
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. Action to recover $3,750, and interest at the rate of three per cent per month from June 24, 1887. The action is upon a contract in writing, whereby the plaintiff agreed to pay, and did pay, to the defendant, $3,750 for a certain lot of land which the defendant agreed to convey to the plaintiff one year after the date of the contract.
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. Action to recover $3,750, and interest at the rate of three per cent per month from June 24, 1887. The action is upon a contract in writing, whereby the plaintiff agreed to pay, and did pay, to the defendant, $3,750 for a certain lot of land which the defendant agreed to convey to the plaintiff one year after the date of the contract. The contract was dated June 24, 1887. On the same day, and before the plaintiff paid to the defendant the said $3,750, the defendant made and executed the…
1Opinion of the CourtFox, J.
Upon rehearing and reargument of this case, a fact is conceded which was before sufficiently apparent to be suspected, but not sufficiently so, from the record as printed here, to justify action upon it as a fact proved; viz., that the original contract between the parties was partly written and partly printed; that in preparing it, the parties had used a form printed in blank, in common use in the preparation of contracts for the sale of real property, where deferred payments were to be made; and that the words “ time is of the essence of this contract,” as found therein, was a portion of…
2Cases cited1 opinion
- Day v. CohnCalifornia Supreme Court · 1884
3Cited by10 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Katemis v. WesterlindCalifornia Court of Appeal · 1953
- Retsloff v. SmithCalifornia Court of Appeal · 1926
- Newton v. HullCalifornia Supreme Court · 1891
- Raymond v. San Gabriel, Val. Land & Water Co.Court of Appeals for the Eighth Circuit · 1893
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