Sanders v. Lansing (1886) · DecisionDepot

Sanders v. Lansing

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Aug 25, 1886 No. No. 11318Published

Before: Myrick

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Holding. A purchaser is entitled to recover money paid toward a land purchase contract when the seller fails to convey title and is unable to provide either title or possession.

Issues

Whether a purchaser may recover partial payments when the seller cannot convey title or provide possession.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The defendant can give neither title nor possession. Under such circumstances, the plaintiff is entitled to recover the money paid.”

Synopsis

Contract for Sale of Land—Payment of Purchase Price—Failure of Title. — Money paid by the vendee as part of the purchase price under a contract for the sale of land may be recovered if the vendor did not have the title at the time the contract was made, nor acquire it afterwards.

Myrick, J. 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]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.

Ross, J.; and McKinstry, J., concurred

Sanders v. Lansing

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