Legal Opinion

Grey v. Tubbs

California Supreme Court

Decided April 15, 1872No. 2,390PublishedCited by 34 opinions

Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The following is the contract for the sale of land, referred to in the opinion. An action was commenced on the 4th day of January, 1869, to enforce a specific performance of the contract.

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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The following is the contract for the sale of land, referred to in the opinion. An action was commenced on the 4th day of January, 1869, to enforce a specific performance of the contract. Wright assigned the contract to the plaintiffs on the 27th day of Rovemher, 1868: “ Article of agreement made and entered into the 1st day of July, 1867, between Hiram Tubbs, party of the first part, and Horace Wright, both parties of the Town of Clinton, Alameda County, State of California, of the second part,…

1Opinion of the Court

By the Court,

Rhodes, J.:

The contract of sale which the plaintiffs, who are the assignees of the purchaser, seek to have specifically enforced, provides that the interest on the purchase money shall be paid quarterly in advance, on the first days of January, April, July, and October. The principal sum was to be paid on or before July 1st, 1870—three years from the date of the contract. The interest up to January 1st, 1868, was paid in advance, but the interest for the next quarter was not tendered until the last day of February, 1868. The defendant refused to receive the money and stated to…

2Cited by34 opinions

  1. Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
  2. Barkis v. ScottCalifornia Supreme Court · 1949
  3. Barkis v. ScottCalifornia Supreme Court · 1949
  4. Cleary v. FolgerCalifornia Supreme Court · 1890
  5. Drew v. PedlarCalifornia Supreme Court · 1891

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