Leese v. Sherwood
California Supreme Court
Appeal from the Fourth Judicial District. On February 28th, 1860, J. P. Leese and wife, plaintiffs, sold and conveyed to defendants 8herwood and Richard Hellmann a tract of land in Monterey County, called the Sausal Rancho, for the sum of $32,000. A suit was then pending in the Third District Court, brought by one Rico against the plaintiffs to recover a portion of said rancho, and in consequence of this only $18,000 of the purchase money was paid down by Sherwood and…
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Appeal from the Fourth Judicial District. On February 28th, 1860, J. P. Leese and wife, plaintiffs, sold and conveyed to defendants 8herwood and Richard Hellmann a tract of land in Monterey County, called the Sausal Rancho, for the sum of $32,000. A suit was then pending in the Third District Court, brought by one Rico against the plaintiffs to recover a portion of said rancho, and in consequence of this only $18,000 of the purchase money was paid down by Sherwood and Hellmann, and by the deed to them it was agreed that the balance of $14,000 was to he paid “ when the suit now pending by…
1Opinion of the CourtNorton, J.
Field, C. J. and Cope, J. concurring.
By the terns of the deed, the §14,000 were to be paid when the action of Rico should be finally decided in favor of the defendants (the plaintiffs in this action) as against all claims made by said Rico. The terms of the contract executed simultaneously with the deed are in effect the same. The stipulation is, not that all claim of Rico was to be finally adjudged, but that the particular action then pending should be finally decided. By the contract it is stipulated that a dismissal of the action should not be considered a final decision, provided a new…
2Cases cited1 opinion
- Dowling v. PolackCalifornia Supreme Court · 1861
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