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Sanders v. Lansing

Supreme Court of California
Aug 25, 1886
70 Cal. 429 (Cal. 1886)

Opinion

         Department One

         Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial.

         COUNSEL:

         T. J. Clunie, and McKune & George, for Appellant.

          Freeman, Johnson & Bates, for Respondent.


         JUDGES: Myrick, J. Ross, J., and McKinstry, J., concurred.

         OPINION

          MYRICK, Judge

         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 action was 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 order affirmed.


Summaries of

Sanders v. Lansing

Supreme Court of California
Aug 25, 1886
70 Cal. 429 (Cal. 1886)
Case details for

Sanders v. Lansing

Case Details

Full title:OLIVER SANDERS, Respondent, v. MARY LANSING, Appellant

Court:Supreme Court of California

Date published: Aug 25, 1886

Citations

70 Cal. 429 (Cal. 1886)
11 P. 702

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