Pettinger v. Fast
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Barbara County, and from an order denying a new trial. The agreement,on which the action is founded, in addition to the provisions recited in the opinion, contained a further provision, to the effect that the farm should not be resold for less than five thousand dollars. The further facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
Action to recover the sum of $1,950, alleged to be due plaintiff for the balance of the purchase *462price of land conveyed by plaintiff to defendant. The court below gave plaintiff judgment for that sum, and also denied defendant’s motion for a new trial, and the defendant appeals from such judgment and order.
The facts as found show that on November 17, 1886, plaintiff executed to appellant a deed of his farm, the appellant agreeing in writing to pay therefor the sum of four thousand 'dollars, and to give one half of all in excess of that sum which “the farm can be sold for within two years,”…
2Cases cited1 opinion
- Eaton v. RicheriCalifornia Supreme Court · 1890
3Cited by3 opinions
- Shainwald, Buckbee & Co. v. CadyCalifornia Supreme Court · 1891
- Christensen v. CramCalifornia Supreme Court · 1909
- Carter v. Slavick Jewelry Co.Court of Appeals for the Ninth Circuit · 1928