Sanders v. Lansing
This text of 11 P. 702 (Sanders v. Lansing) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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/ [430]*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 order affirmed.
Ross, J.; and McKinstry, J., concurred
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Cite This Page — Counsel Stack
11 P. 702, 70 Cal. 429, 1886 Cal. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-lansing-cal-1886.