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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Maxfield v. Burtt, 121 Cal. App. 2d 102 (1953)

Citation
Maxfield v. Burtt, 121 Cal. App. 2d 102 (1953)
Parent Document
Maxfield v. Burtt, 121 Cal. App. 2d 102 (1953)
Jurisdiction
California (state)
Effective Date
1953-11-04

Other Sections in This Document (78)

Full Text

1,075 chars
“In the plaintiff’s complaint filed March the 24th, 1945, he alleges his ability and willingness to pay any amount which the Court may find due from him. Such belated offer after his long default, since July 1, 1941, and never before communicated to defendants, viewed in the light of his past inexcusable failure to comply with the terms of payment required by the option; the notice of default and cancellation hereinbefore noticed, comes with little force or evidentiary value. He had ample time and opportunity to make a valid tender in 1938 and 1942, if he had at those times the financial ability to cure the default, or intended in good faith to cure his default. To give such offer serious consideration that would affect this action would be condoning and excusing his long defaults, allowing him to speculate with other people’s property at no expense to himself after the property had been disposed of to others and values had changed. Specific performance is only allowed in the interest of justice, and before the principles of equity may be appealed to for *116