Thayer v. White
California Supreme Court
Appeal from the Sixth Judicial District. This action was brought for the recovery of $3000, founded upon-an agreement, under the seals of the parties, by which the plaintiff bound himself to execute to defendant “ a warrantee deed,” for a lot of ground in Sacramento, described in the said instrument, in consideration of $6,500, of which $3000 was to be paid in hand, and the balance as set forth in the agreement.
Read the full summary
Appeal from the Sixth Judicial District. This action was brought for the recovery of $3000, founded upon-an agreement, under the seals of the parties, by which the plaintiff bound himself to execute to defendant “ a warrantee deed,” for a lot of ground in Sacramento, described in the said instrument, in consideration of $6,500, of which $3000 was to be paid in hand, and the balance as set forth in the agreement. The complaint was, that the plaintiff, in pursuance of said agreement, on the 24th November, 1852, executed “ a warrantee deed,” for the premises, and tendered the same to the…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
Of the various assignments of error, there is but one which cannot be deemed frivolous.
The answer sets up that the plaintiff was not the lawful owner of, and has no title to, the land conveyed.
To this objection the plaintiff urges, that his contract was only to execute and deliver a warrantee deed, and to require more, would be to impose on him an obligation which he had not assumed.
The object of the party in bargaining for a warrantee deed to the land, is to obtain a good title, and if this object cannot be attained, the contract is at an end.
The question to be…
2Cited by5 opinions
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Arguello v. EdingerCalifornia Supreme Court · 1858
- Weber v. MarshallCalifornia Supreme Court · 1861
- Anderson v. PerkinsMontana Supreme Court · 1890
- Riddell v. BlakeCalifornia Supreme Court · 1854