Sanders v. Lansing
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
The defendant agreed with plaintiff to sell to him a tract of land at a stipulated price per acre, possession to be given on full payment. Plaintiff paid five thousand two hundred dollars, part of the purchase price. Defendant having failed to convey, this acti/ *430was brought to recover the money paid. At the time of making the contract, defendant was not in condition to give title, the title being in other parties, nor has she since acquired the title. The defendant can give neither title nor possession. Under such circumstances, the plaintiff is entitled to recover the money paid.
Judgment and…
2Cited by8 opinions
- Benson v. ShotwellCalifornia Supreme Court · 1890
- Craig v. WhiteCalifornia Supreme Court · 1921
- Burks v. DaviesCalifornia Supreme Court · 1890
- Milton Realty Co. v. ButterfieldCalifornia Court of Appeal · 1927
- Thomas v. PalmerNevada Supreme Court · 1926
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