Conrad v. Lindley
California Supreme Court
Appeal from the Sixth Judicial District, Sacramento County. On the 26th of July, 1850, Conrad filed his complaint against Lindley & Booth, stating, that in October, 1849, by a parol contract between the parties, the plaintiff purchased of the defendants a certain lot in Sacramento, for the sum of $400, payable on the execution and delivery of a conveyance; and the defendants agreed to convey the lot to the plaintiff, with warranty, so soon as they should perfect their own…
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Appeal from the Sixth Judicial District, Sacramento County. On the 26th of July, 1850, Conrad filed his complaint against Lindley & Booth, stating, that in October, 1849, by a parol contract between the parties, the plaintiff purchased of the defendants a certain lot in Sacramento, for the sum of $400, payable on the execution and delivery of a conveyance; and the defendants agreed to convey the lot to the plaintiff, with warranty, so soon as they should perfect their own title by procuring a conveyance to themselves from one Sutter; that in pursuance of said contract, and by direction of the…
1Opinion of the CourtChief Justice Murray
The defendant undertook to convey a lot in the City of Sacramento to the plaintiff as soon as he could complete the title in himself. The plaintiff paid $100 of the purchase-money, and entered into possession, with the understanding that ho would pay the remainder whenever the defendant executed a deed to him. The evidence shows that the defendant afterwards acquired the title, and offered to convey. There was some difficulty between the parties, the plaintiff declaring he intended to hold by a squatter’s title, and that he would not recognize the defendant’s title. An action of forcible…
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