Legal Opinion

Rourke v. McLaughlin

California Supreme Court

Decided July 1, 1869PublishedCited by 13 opinions

Appeal from the District Court of the Fourteenth District, Placer County. The defendant appealed. The case and points of counsel are sufficiently stated in the opinion of the Court.

1Opinion of the CourtSanderson, J.

This is an action upon a contract to sell and convey real estate. The contract is Set out in full in the complaint. It appears that the estate in question was sold by the defendant and his wife, and conveyed by them to the plaintiff upon the 15th of September, 1866, and that upon the same day the contract in suit was executed. That the consideration for both sales was the same, to wit: $1,000. That by the contract in suit, the defendant agreed to pay the sum of $1,000, in coin, with interest at the rate of one and one half per cent, per month, to be paid by instalments, as follows : $400,…

2Cases cited5 opinions

  1. Massie v. WattsSupreme Court of the United States · 1810
  2. Lane v. ShearsNew York Supreme Court · 1828
  3. Bean v. AtwaterSupreme Court of Connecticut · 1821
  4. Cleveland v. BurrillNew York Supreme Court · 1857
  5. Osborne v. ElliottCalifornia Supreme Court · 1850

3Cited by13 opinions

  1. Loaiza v. Superior CourtCalifornia Supreme Court · 1890
  2. Felch v. HooperMassachusetts Supreme Judicial Court · 1875
  3. Shortell v. Evans-Ferguson Corp.California Court of Appeal · 1929
  4. Wait v. Kern River Mining, Milling, & Developing Co.California Supreme Court · 1909
  5. Epperly v. FergusonSupreme Court of Iowa · 1902

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