Southern Pacific Railroad v. Painter

The plaintiff entered into two several contracts with the defendant’s intestate August 18,1887, for the sale to the latter of two designated sections of land in the county of Los Angeles. The land described in the* agreements was claimed by the plaintiff as a portion of a grant to it by the United States by virtue of the act of March 3, 1871. At the date of the agreements no patent had been issued therefor, and each of the agreements contained the following covenant:

“In case it be finally determined that patent shall not issue to said party of the first part for all or any of the tracts…