Rafael Gutierrez Del Arroyo v. Robert Graham

• Decision Date: 03 February 1913
• Docket Number: No. 129,129
• Citation: 227 U.S. 181,33 S.Ct. 248,57 L.Ed. 472
• Parties: RAFAEL GUTIERREZ DEL ARROYO, Dona Dolores Gutierrez del Arroyo, and Francisco Robledo, Appts., v. ROBERT GRAHAM
• Court: U.S. Supreme Court

227 U.S. 181

33 S.Ct. 248

57 L.Ed. 472

RAFAEL GUTIERREZ DEL ARROYO, Dona Dolores Gutierrez del Arroyo, and Francisco Robledo, Appts.,

v ROBERT GRAHAM.

No. 129.

Submitted January 21, 1913.

Decided February 3, 1913.

Messrs. Francis H. Dexter and Frederic D. McKenney for appellants.

Mr. N. B. K. Pettingill for appellee.

Mr. Justice Holmes delivered the opinion of the court:

This is a bill for the specific performance of a contract to sell land, made by the defendants Gutierrez. The defendant Robledo claims under a lease from the vendors, made since the contract, and found to have been taken with notice. The district court entered a decree for the plaintiff, and the defendants appealed. There is also a motion to dismiss on the ground that the principal appellants have accepted a part of the purchase money paid into court in pursuance of the decree; but we shall not deal with this because we are of opinion that the decision was right, and therefore there is no need to consider whether the appellants are estopped by doing what they say they were compelled to do upon penalty of being held in contempt. The motion to dismiss did not go to the jurisdiction, but raised another question on the merits.

The contract was as follows, according to the translation, the original not being in the record:

Memorandum.

In the city of San Juan, Porto Rico, the 5th day of July, 1906, Don Rafael Gutierrez del Arroyo and Mr. Robert Graham agreed: 1st, Don Rafael Gutierrez del Arroyo compromised himself to sell to Mr. Robert Graham a parcel of his estate in Pueblo Viejo, which both parties have already fixed the boundaries of, and which may extend up to 70 or 75 cuerdas, at the price of $40 per cuerda. 2d, he also compromised himself to sell to him another small extension of land, which they also fixed the boundaries of, and which may have an extension, approximately, of 14 cuerdas, at the price of $50 per cuerda. 3d, he also compromised himself to sell to him the other 200 or 300 cuerdas of the same estate, in that part of which, which they have also already designated, at the price of $55 per cuerda. 4th, the parcels indicated in Nos. 1 and 2 shall be paid in cash. The parcel indicated in the 3d number shall be paid in instalments during the two years following the delivery of the document. Mr. Graham shall not pay any interest for the extended time of payment; but Mr. Arroyo shall remain in possession and usufruct of the part of the estate sold and not paid for until the payment shall be made. Mr. Graham shall execute a mortgage on the estate to secure the payment. 5th, this contract shall be extended in a public document as soon as Mr. Graham will have ultimated the deal which is now pending with Dona Felicia Fernandez about the purchase of an undivided part in the same estate. In case that deal should not be carried to effect, this contract will also remain without virtue and effect.

6th, this contract is also subjected to the condition that Don...