Redington v. Chase
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff brought this action to compel the specific performance of an agreement for the conveyance of laud situate in Santa Clara County. The case was tried by the Court without a jury, in July, 1865, and was submitted on the twenty-sixth of that month.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff brought this action to compel the specific performance of an agreement for the conveyance of laud situate in Santa Clara County. The case was tried by the Court without a jury, in July, 1865, and was submitted on the twenty-sixth of that month. The Judge’s written decision in the cause was filed August 28th, 1866. On the 5th of September, 1866, the decree was signed, and was entered and recorded on the fourteenth day of that month, to the effect that defendant should convey to plaintiff…
1Opinion of the Court
By the Court, Rhodes, J. :
The defendant cannot complain of the delay in the entry of the judgment, because he could have had it entered upon his own motion at any time after the filing of the findings. The judgment does not specify any time within which the money was to be paid by the plaintiff, or the conveyance executed by the defendant; and we cannot say that the delay in tendering the money, from the entry of the judgment in September to the ensuing month of March, indicated an intention on his part to abandon the fruits of the judgment. A tender, though sufficient to enable a party to…
2Cited by7 opinions
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- People v. TraversCalifornia Supreme Court · 1891
- People v. Fong ChingCalifornia Supreme Court · 1889
- People v. VereneseneckockockhoffCalifornia Supreme Court · 1900
- Security Trust & Savings Bank v. Southern Pacific RailroadCalifornia Court of Appeal · 1935
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