Durkee v. Cota
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County. On the 18th of November, 1882, the defendants executed a contract for the sale of certain tracts of land to James and Joseph Brown, and also to sell them “ a full and abundant water right for all of the above land.” On the 23d of December, 1882, the Browns transferred their right under the contract to the plaintiff.
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Appeal from a judgment of the Superior Court of San Bernardino County. On the 18th of November, 1882, the defendants executed a contract for the sale of certain tracts of land to James and Joseph Brown, and also to sell them “ a full and abundant water right for all of the above land.” On the 23d of December, 1882, the Browns transferred their right under the contract to the plaintiff. On the 13th of January, 1883, the plaintiff paid the balance of the purchase-money, and on the same day the defendants made him a deed to the lands, and also to “an undivided one-eighth interest in and to the…
1Opinion of the Court
Hayne, C.
The complaint sets out a contract in hsec verba for the conveyance of land. This contract contains the following covenant: “We also agree to sell a full and abundant water right for all of the above land.” In pursuance of this contract, the defendants conveyed the *315land, and also a water right, which the plaintiff alleges was not sufficient, and which he says he was induced to accept by the fraudulent misrepresentations of defendants.- A demurrer was sustained on the ground that the covenant as to the water right was too uncertain to be enforced, and final judgment was given against…
2Cases cited1 opinion
- Joseph v. HoltCalifornia Supreme Court · 1869
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