Roberts v. Ware
California Supreme Court
Appeal from tbe Tenth District Court, Couuty -of Colusa. Tbis is an action to compel a conveyance of one half interest in certain lands, and a flock of sheep, alleged by plaintiff to have been purchased by defendant on tbeir joint account, by virtue of a verbal agreement entered into between them prior to tbe purchase Tbe defendant demurred to tbe complaint, ón tbe following, among other grounds: Mrst — Tbat said complaint did not state facts sufficient to constitute a cause…
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Appeal from tbe Tenth District Court, Couuty -of Colusa. Tbis is an action to compel a conveyance of one half interest in certain lands, and a flock of sheep, alleged by plaintiff to have been purchased by defendant on tbeir joint account, by virtue of a verbal agreement entered into between them prior to tbe purchase Tbe defendant demurred to tbe complaint, ón tbe following, among other grounds: Mrst — Tbat said complaint did not state facts sufficient to constitute a cause of action. Second — There was no allegation of money having been 1 paid by plaintiff at any time, for tbe property…
1Opinion of the CourtRhodes, C. J.
The defendant purchased the land and the flock of sheep, paid one half of the purchase money, took the title in his own name, and gave his note, secured by mortgage of the lands, for the remaining half of the purchase money. The plaintiff alleges that it was verbally agreed between him and the defendant that they should be jointly interested in the purchase, and that the title should be taken in the name of the defendant, for the benefit of both of them. It is not alleged that the plaintiff paid any part of the purchase money, but he avers that he signed and delivered to the defendant a…
2Cases cited1 opinion
- Millard v. HathawayCalifornia Supreme Court · 1865
3Cited by7 opinions
- Neet v. HolmesCalifornia Supreme Court · 1944
- Lincoln v. ChamberlainCalifornia Court of Appeal · 1923
- Modern Baking Co. v. OrringerSupreme Court of Pennsylvania · 1921
- Crane Valley Land Co. v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1960
- Tripp v. DuaneCalifornia Supreme Court · 1887
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