Legal Opinion

Farley v. Vaughn

California Supreme Court

Decided July 1, 1858PublishedCited by 6 opinions

Appeal from the District Court of the Fifteenth Judicial District, County of Butte. A statement of facts appears in the opinions of the Court.

1Opinion of the Court

First—The demurrer in the District Court ought to have been sustained :

*2281st. Because the complaint is a Bill in Equity, to obtain specific performance of an alleged agreement for the purchase of land; yet the complaint nowhere alleges that said agreement, or any note or memorandum thereof expressing the consideration, was in writing; nor does the said complaint set out any such agreement, as having been executed in writing.

The agreement therefore, if simply existing by parol, is void. Stat. Fraud, sec. 8. Wood’s Dig., p. 106.

This statute has received a judicial interpretation at the hands of…

2Cases cited6 opinions

  1. Pray v. PierceMassachusetts Supreme Judicial Court · 1811
  2. Abell v. CalderwoodCalifornia Supreme Court · 1854
  3. Beck v. SimmonsSupreme Court of Alabama · 1844
  4. Bogy v. ShoabSupreme Court of Missouri · 1850
  5. Brown v. CovillaudCalifornia Supreme Court · 1856

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3Cited by6 opinions

  1. Wyler Summit Partnership, a Partnership v. Turner Broadcasting System, Inc., a Georgia Corporation Turner Entertainment Co., a Georgia CorporationCourt of Appeals for the Ninth Circuit · 2000
  2. Steele v. BranchCalifornia Supreme Court · 1870
  3. Barcroft v. LivacichCalifornia Court of Appeal · 1939
  4. Day v. CohnCalifornia Supreme Court · 1884
  5. Michaelian v. Elba Land Co.California Court of Appeal · 1926

1 more not listed; retrieve them via the Exa API.

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