Gwin v. Sweetser
Gwin v. Sweetser
Opinion of the Court
On February 11, 1888, a written agreement was executed between the plaintiff and defendants, whereby the defendants, among other things, agreed to convey to plaintiff, on or before March 15, 1888, a clear title to “the Andrew Sweetser ranch in Solano county, Cal., said
The principal ground upon which appellant asks a reversal of the judgment is that the evidence was insufficient to justify the findings of fact. Upon a careful reading of the evidence, which occupies seventy-three pages of the transcript, I think it so plainly and satisfactorily sufficient that no detailed statement of it here is necessary. Plaintiff’s testimony shows that he examined the ranch, with the view of purchasing it, before the agreement was executed, when the boundaries thereof, as described in the deed, were shown him by Sweetser; and that the only reason he had for claiming the additional sixty-nine acres was that, upon examination of the county records, about a year after the execution of the deed, he discovered that the record title of the sixty-nine acres stood in the name of Andrew Sweetser, and hence he inferred that it must have been a part of the Andrew Sweetser ranch, named in the agreement, although it had not been pointed out to him as such by Sweetser before the execution of that agreement; and he admits that the deed executed to him by Sweetser describes all the land that Sweetser pointed out or proposed to sell, and all that plaintiff understood to be described in the agreement at the time it was executed.
We concur: Haynes, C.; Temple, C.
For the reasons given in the foregoing opinion the judgment and order are affirmed.
Reference
- Full Case Name
- GWIN v. SWEETSER
- Status
- Published
- Syllabus
- Vendor and Vendee—Quantity of Land Conveyed.—Where a contract is made to sell a certain ranch, and the deed executed in pursuance thereof conveys all the land that the vendor has pointed out to the vendee as constituting the ranch, or has proposed to sell to him, and all that the vendee understood to be included in the agreement at the time it was executed, the vendee cannot afterward claim that an adjoining tract belonging to the vendor, and of which another person had possession under a contract of sale, should have been conveyed to him under the agreement as part of the ranch.