California Supreme Court, 1886

Sanders v. Lansing

California Supreme Court · Decided August 25, 1886 · Myrick

70 Cal. 429; 11 P. 702; 1886 Cal. LEXIS 808

Cases that cite this one

7 later published cases cite this decision.

Milton Realty Co. v. Butterfield (Cal. Ct. App. 1927)
Craig v. White (Cal. 1921)
Sperry v. Planters Rice Mill Co. (Ga. Ct. App. 1915)
Thomas v. Palmer (Nev. 1926)
People v. Cristy (Supreme Court of Puerto Rico 1905)
Pueblo v. Cristy (Supreme Court of Puerto Rico 1905)
Burks v. Davies (Cal. 1890)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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/ *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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.