Satterlee v. San Francisco
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. At the sale of the city slip property in 1853, the plaintiff became the purchaser of two lots for the sum of $22,000, and paid $5,000 of the purchase money down, and in 1854 paid the further sum of $2,490 on the purchase money.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. At the sale of the city slip property in 1853, the plaintiff became the purchaser of two lots for the sum of $22,000, and paid $5,000 of the purchase money down, and in 1854 paid the further sum of $2,490 on the purchase money. This action was brought to recover back the sums thus paid, and legal interest thereon, by reason of the failure of title, owing to the invalidity of the ordinance under which the sale was made. Plaintiff had judgment in the Court below, and defendant appealed.
1Opinion of the CourtCrocker, J.
This is one of numerous cases arising out of the attempted sale in 1853, by the municipal authorities of the City of San Francisco, *318of property known as the City Slips; and depends entirely upon the validity of City Ordinance Ho. 481, which purported to authorize such sale. The charter of the City of San Francisco then in force, declared that no ordinance should be passed “ unless by a majority of all the members elected to such Board.” The Board by law consisted of eight members; but at the time this ordinance was passed, one of the members, Hyde, had resigned, leaving only seven in office,…
2Cases cited6 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Wilcox v. SmithNew York Supreme Court · 1830
- Searcy v. GrowCalifornia Supreme Court · 1860
- City of San Francisco v. HazenCalifornia Supreme Court · 1855
- Turner v. MelonyCalifornia Supreme Court · 1859
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3Cited by16 opinions
- Klose v. Superior CourtCalifornia Court of Appeal · 1950
- Henry Cowell Lime & Cement Co. v. StateCalifornia Supreme Court · 1941
- State Ex Rel. Peterson v. HoppeSupreme Court of Minnesota · 1935
- Herzo v. City of San FranciscoCalifornia Supreme Court · 1867
- Pollasky v. SchmidMichigan Supreme Court · 1901
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