Gwin

Gwin v. Sweetser

Good Law
1892 Cal. LEXIS 1025·3 Cal. Unrep. 531·30 P. 778
Supreme Court of CaliforniaAugust 10, 1892No. 14,857California641 words

Opinion

Lead Opinion

Vanclief, J.

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 *532 ranch being situated about one mile northwest of Cordelia, said ranch consisting of about eight hundred and twenty (820) acres, the same being the ranch on which the said Andrew Sweetser now resides.” On February 28, 1888, the defendant Andrew I. Sweetser conveyed and delivered to plaintiff the ranch in Solano county on which he resided, consisting of 810 acres, and known as the “Andrew Sweetser Ranch. After residing upon that ranch about a year, the plaintiff claimed to discover, for the first time, that Sweetser had not conveyed to Mm all the land described in the agreement, but had intentionally omitted an adjoining tract of sixty-nine acres, which, he claims, was a part of the Andrew Sweetser ranch, at the dates of the agreement and the deed of conveyance. The object of this action is to enforce specific complete performance of the agreement on the part of the defendants by a decree of the court requiring…

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