Morrison v. Lods
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. This action was brought to secure the specific performance of a written contract entered into by the defendant to convey to plaintiff’s assignor the undivided half of a certain tract of land in the City of San Francisco. This tract of land was owned in fee simple by defendant and one Jacob Snyder, as tenants in common.
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Appeal from the District Court of the Fourth District, City and County of San Francisco. This action was brought to secure the specific performance of a written contract entered into by the defendant to convey to plaintiff’s assignor the undivided half of a certain tract of land in the City of San Francisco. This tract of land was owned in fee simple by defendant and one Jacob Snyder, as tenants in common. On the 7th day of May, A. D. 1868, defendant and E. T. Steen entered into a written agreement, whereby defendant agreed to sell, and Steen agreed to purchase, the undivided half of said…
1Opinion of the CourtRhodes, C. J.
In cases of this character it is to the interest of the parties—at least the losing party—to have a written finding of the facts filed. As to the tender by the defendant to the plaintiff, or his agent, of the money paid by the plaintiff’s agent, at the time of the execution of the contract of sale, the evidence is conflicting, and the presumption in support of the judgment is, that the Court found that issue against the defendant. It is clear that the defendant cannot have a rescission of the contract without making such tender.
The evidence, in our opinion, clearly shows that the false…
2Cited by8 opinions
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Bailey v. FoxCalifornia Supreme Court · 1889
- Haynes v. WhiteCalifornia Supreme Court · 1880
- Wilson v. SturgisCalifornia Supreme Court · 1886
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