Pearis v. Covillaud
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff filed his bill, September 22d, 1855, for a specific performance, against C. Covillaud and others, on a contract to convey to him certain lots in the city of Marysville.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. The plaintiff filed his bill, September 22d, 1855, for a specific performance, against C. Covillaud and others, on a contract to convey to him certain lots in the city of Marysville. The contract sets forth the payment of $325, and the receipt of plaintiff’s note for $325, “payable at four months’ daté,” and is dated February 18th, 1850. Since the execution of the contract, certain of the defendants have become interested, as tenants in common, in the land by purchase and inheritance without notice of the existence…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
This was an action in the Court below, to enforce a specific performance of a contract for the sale of lands. The record contains some eight assignments of error, all of which will not require examination.
From a personal inspection of the original, we are satisfied that the note executed by defendants was payable four months after date, and not after sight. From this it would follow, that after the tender of the deed, and the demand and refusal of payment by the…
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