Arguello v. Edinger
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Mateo. The complaint is in the ordinary form of complaints in the action of ejectment. The following is the answer of the defendant, J. P. Edinger.
Read the full summary
Appeal from the District Court of the Twelfth Judicial District, County of San Mateo. The complaint is in the ordinary form of complaints in the action of ejectment. The following is the answer of the defendant, J. P. Edinger. The suit was discontinued as to the other defendant: “And now comes the said defendant, J. P. Edinger, and for answer to the complaint filed against him in this cause, says that he denies the said complaint, and each and every allegation therein contained, and specifically, as if each allegation were here again repeated, and each specifically denied; wherefore he prays…
1ConcurrenceTerry, C. J.
Upon the admission by the demurrer of the contract and acts set forth in the answer, two questions arise : first, whether, under the Statute of Frauds of this State, Courts of Equity possess any *158power to decree a specific performance of a verbal contract for the sale of land in case of part performance; and, second, if they possess the power, whether the acts detailed constitute such part performance as to justify its exercise.
The plaintiffs rely, in support of the demurrer, upon the opinion of this Court in Abell v. Calderwood, (4 Cal., 90.) From the statement of the reporter, it does not…
2Cases cited7 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Robinson v. MageeCalifornia Supreme Court · 1858
- Abell v. CalderwoodCalifornia Supreme Court · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Davis v. JudsonCalifornia Supreme Court · 1910
- Davis v. DavisCalifornia Supreme Court · 1864
- Bohall v. DillaSupreme Court of the United States · 1885
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Awada v. Shuffle Master, Inc.Nevada Supreme Court · 2007
16 more not listed; retrieve them via the Exa API.