Legal Opinion

Burg Bros. v. Bercut

California Court of Appeal

Decided June 3, 1925No. Docket No. 5107PublishedCited by 7 opinions

1Opinion of the CourtKnight, J.

These two actions were tried together, and resulted in judgments of nonsuit, from which judgments plaintiff appeals.

The principal question presented is whether the defendants, as vendees, under installment contracts to purchase land, after having made part payment of the purchase price, may, under the forfeiture clause of said contracts, terminate the same, and, other than forfeiting the money previously paid, avoid further liability thereunder. The forfeiture clause of the contract reads:. . in the event of a failure of the Buyer to comply with any of the terms or conditions of this…

2Cases cited17 opinions

  1. Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
  2. Wilcoxson v. StittCalifornia Supreme Court · 1884
  3. Gregg v. Western Pacific RailroadCalifornia Supreme Court · 1924
  4. Harper v. GoldschmidtCalifornia Supreme Court · 1909
  5. Joyce v. TomasiniCalifornia Supreme Court · 1914

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3Cited by7 opinions

  1. Title Guarantee & Trust Co. v. StahlerCalifornia Court of Appeal · 1936
  2. Bonner v. FinneyCalifornia Court of Appeal · 1930
  3. Barnhart v. BlackburnCalifornia Court of Appeal · 1934
  4. Weisenberg v. HirschhornCalifornia Court of Appeal · 1929
  5. Gray v. Fred B. Neuhoff Co.California Court of Appeal · 1932

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