Brown

Brown v. Chowchilla Land Co.

Good Law
1922 Cal. App. LEXIS 90·59 Cal. App. 164·210 P. 424
Court of Appeal of CaliforniaSeptember 26, 1922Civ. No. 2446.California3,421 words

Opinion

Lead Opinion

Burnett, J.

This action was brought for specific performance of three separate contracts for the purchase and sale of different pieces of real estate. The contracts provided for monthly payments of interest and part of principal on the first day of each month extending over a period of seven and one-half years, although the purchaser had the privilege of paying the full amount sooner. The contracts contained these covenants:

The contracts also provided that the purchaser should have the privilege of entering into possession of the premises and continuing therein “unless forfeited by the nonpayment of the purchase money or any installment thereof,” but in consideration of said right of possession he should pay all taxes levied against the property. The contracts were executed on October 1, 1913, and the first seven payments were made within a few days after the time when they were due. The June and July payments of 1914 were made on August 20th, leaving the August payment in arrears, but this was paid September 25th. Two more monthly installments were paid on January 3, 1915, two on March 11th, and two on August 6th, following, leaving plaintiff at that time six months in arrears on each…

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