¶1The decision in Jackson v. Torrence, 83 Cal. 521, does not, in my opinion, apply to the' facts of this case, but I concur in the judgment on the ground that Lovell’s contract to convey his interest in the Sacramento lot cannot be enforced, except upon condition of giving him what he bargained for; viz., a half-interest, undivided, in the Placer land, with Judson for co-tenant. He did not agree to take such interest with plaintiff as co-tenant, nor did he agree to take a divided half of the land in severalty. He has never been offered, and he cannot get, what he agreed to take. Therefore he cannot be compelled to convey; and for the same reason he is not liable in damages, unless, as suggested by Justice McFarland, for fraud or deceit.
91 Cal. 506
Olson v. Lovell
Decided October 3, 1891
California Supreme Court · decided 1891-10-03
<p>Vendor and Purchaser — Contract for Exchangf. of Land — Conveyance by Co-owners — Repudiation by Owner not Bound — Specific Performance. —■ A contract for the exchange of land by the terms of which the. party of the first part is to convey a tract of land owned by him, and pay a money consideration to two persons named as parties of the second part, who are to convey in exchange therefor a city lot owned by them as co-tenants, but which is signed only hy one of the parties of the second part, the name of the other having been signed by his co-owner without authority, cannot he specifically enforced hy the party of the first part against the co-owner signing the contract, if the other co-owner has repudiated the contract and reiused to comply with its terms.</p> <p>Id. — Damages for Breach of Contract—Fraud. —The co-owner signing the contract, not being liable for a breach of the contract, is not liable for damages therefor, upon his refusal to convey his interest in the land, and cannot be held liable in damages, unless it be for fraud or deceit.</p>
Relies on Jackson v. Torrence
Good law ✅— No negative treatment on recordhow we know
Decided 1891-10-03
How this case has been cited
Cited by 24 later decisions — most recently October 1978
24 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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