Brown v. Covillaud
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiffs filed their bill, May 11th, 1855, to compel a specific performance by defendants of a bond in the penal sum of eight hundred dollars, given by defendants to plaintiffs, December 28th, 1850, conditioned as follows: “ The conditions of the above obligation are such, that whereas, the above boundeu (defendants) have this day bargained and sold unto the said (plaintiffs) a certain…
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiffs filed their bill, May 11th, 1855, to compel a specific performance by defendants of a bond in the penal sum of eight hundred dollars, given by defendants to plaintiffs, December 28th, 1850, conditioned as follows: “ The conditions of the above obligation are such, that whereas, the above boundeu (defendants) have this day bargained and sold unto the said (plaintiffs) a certain section of land,” in Yuba County, giving the description thereof, “for the consideration of $2,179—$150 duly paid, the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
It is a familiar principle of equity that time is not of the essence of a contract for the sale of real estate, unless made so by some express agreement of the parties. The rule, however, is subject to some exceptions, and is thus stated by Judge Story, in the case of Taylor v. Longworth, 14 Peters’, p. 172: “ There is no doubt that time may be the essence of a contract for the sale of property. It may be made so by the express stipulations of the parties, or it may arise…
2Cited by6 opinions
- Hicks v. LovellCalifornia Supreme Court · 1883
- Patterson v. HewittNew Mexico Supreme Court · 1901
- Block v. Citizen Trust & Savings BankCalifornia Court of Appeal · 1922
- Thompson v. HawleyOregon Supreme Court · 1886
- Farley v. VaughnCalifornia Supreme Court · 1858
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