Winton v. Spring
California Supreme Court
Appeal from the Twelfth District. The contract to which the paper set out in the opinion of the Court refers, was an executory contract, entered into between Spring, of the first part, and Beard and Winton, of the second part, dated Sept. 3d, 1857, by which the former agrees to sell to the latter certain land for $25;000, payable $4,000 cash, and $10,500 on the fifth of October, 1858, with interest; on the payment of which latter sum Spring was to execute and deliver a deed…
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Appeal from the Twelfth District. The contract to which the paper set out in the opinion of the Court refers, was an executory contract, entered into between Spring, of the first part, and Beard and Winton, of the second part, dated Sept. 3d, 1857, by which the former agrees to sell to the latter certain land for $25;000, payable $4,000 cash, and $10,500 on the fifth of October, 1858, with interest; on the payment of which latter sum Spring was to execute and deliver a deed of the land, taking a mortgage for the balance of the purchase money. Beard and Winton paid the $4,000, and took…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The question in this case arises upon a proper construction of this paper: “ For value received, we hereby cancel the annexed and within agreement, and mutually agree and discharge each other from all the covenants and agreements therein contained; and the said Winton, the purchaser, hereby surrenders possession of the within described premises to the said Spring.” It seems the contract so canceled, stipulated for the purchase and sale of land; the price to be paid was $25,000—$4,000 in cash, and the remainder at subsequent periods.
The plaintiff contends, that this…
2Cited by9 opinions
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- Young v. FlickingerCalifornia Court of Appeal · 1925
- Irwin v. State Brokerage Co.Indiana Court of Appeals · 1925
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