Beverage v. Canton Placer Mining Co.

Plaintiffs appeal from a judgment on the pleadings in an action to enforce specifically defendant mining company’s contract to convey certain real property and to quiet the adverse claim of defendant Heney. Defendants’ objections to the introduction of evidence and their motion for judgment on the pleadings were based on the following grounds: (1) the complaint failed to state a cause of action because of insufficiency of the property description in the alleged contract to satisfy the statute of frauds (Civ. Code, § 1624; Code Civ. Proc., § 1973); (2) the complaint failed to allege a tender…