(DOWNLOAD) "Wilson v. Corcoran Et Al." by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Wilson v. Corcoran Et Al.
- Author : Supreme Court of Montana
- Release Date : January 09, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Real Property ? Vendor and Purchaser ? Rescission ? When Action Does not Lie. Vendor and Purchaser ? Failure of Title ? Rescission ? When Action Does not lie. 1. The purchaser under an executory land contract is not entitled to rescind on the ground of failure of title in the vendor so long as the latter is not in default. Same ? Defective Title ? When not Cause for Rescission. 2. One may in good faith lawfully contract to sell land to which he has not perfect or any title, and the fact that his title is imperfect does not authorize the purchaser to rescind the contract; but if at the time he is required to make conveyance the vendor is ready, able and willing to convey the title he contracted to convey, he is not in default. Same. 3. Where by the terms of a land contract the purchaser was permitted to pay the unpaid purchase price in installments on the twenty-third of any month and tendered the last payment on the fifth with demand for a deed, refusal to convey did not constitute a - Page 530 breach of the contract by the vendor, the purchaser not having been entitled then to demand a deed. Same ? Defective Title ? Vendor has Reasonable Time to Perfect Title. 4. Where a purchaser completes payment before the ultimate period for making payment under the contract has expired, even though permitted to do so under the contract, and the vendors title is then imperfect, he has a reasonable time within which to perfect it and make conveyance.