Legal Opinion

Raymond v. San Gabriel, Val. Land & Water Co.

Court of Appeals for the Eighth Circuit

Decided January 27, 1893No. 101PublishedCited by 14 opinions

Appeal from the Circuit Court of tbe United States for the District of Kansas. In Equity. Bill by the Sari Gabriel Valley Land & Water Company against E. L. Raymond for the specific performance of a contract of sale of real property. Decree for complainant. Respondent appeals. Statement by CALDWELL, Circuit Judge: This suit is founded on 'nine contracts for the purchase of town lots.

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Appeal from the Circuit Court of tbe United States for the District of Kansas. In Equity. Bill by the Sari Gabriel Valley Land & Water Company against E. L. Raymond for the specific performance of a contract of sale of real property. Decree for complainant. Respondent appeals. Statement by CALDWELL, Circuit Judge: This suit is founded on 'nine contracts for the purchase of town lots. The contracts are alike in every respect save as to the number of the lots and the prices to he paid therefor. The following is a copy of one of the contracts: “This agreement, made on the 29th day of June, 1887,…

1Opinion of the Court

CALDWELL, Circuit Judge,

(after stating the facts.) 1. A vendor of real estate, who has executed a title bond conditioned for the conveyance of the land upon the payment of the price, has an election of remedies to recover the purchase money. He may sue therefor at law, or he may resort to equity for a specific performance of the contract by the vendee. Whenever the purchaser has the right to go into equity and compel the execution and delivery of a deed, the principle of mutuality gives the vendor the right to go into equity to compel the vendee to perform the contract on his part by paying…

2Cases cited15 opinions

  1. Cathcart v. RobinsonSupreme Court of the United States · 1831
  2. Cleary v. FolgerCalifornia Supreme Court · 1890
  3. Wilcoxson v. StittCalifornia Supreme Court · 1884
  4. Mather v. ScolesIndiana Supreme Court · 1870
  5. Grey v. TubbsCalifornia Supreme Court · 1872

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3Cited by14 opinions

  1. Mound Mines Co. v. HawthorneCourt of Appeals for the Eighth Circuit · 1909
  2. Lester v. HutsonCourt of Appeals of Texas · 1914
  3. Watts v. KellarCourt of Appeals for the Eighth Circuit · 1893
  4. German Savings Inst. v. De La Vergne Refrigerating Mach. Co.Court of Appeals for the Eighth Circuit · 1895
  5. Mathews Slate Co. v. New Empire Slate Co.U.S. Circuit Court for the District of Northern New York · 1903

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