Legal Opinion
Henderson v. Fisher
California Court of Appeal
Decided August 16, 1965No. Civ. 22223PublishedCited by 27 opinions
1Opinion of the CourtMolinari, J.
Plaintiffs appeal from a judgment entered after a trial by the court awarding them $381.85 on a quantum meruit basis but refusing to grant specific performance of a written contract entered into between plaintiffs and decedent, Marion D. Baker. The sole issue presented on appeal is whether plaintiffs are entitled to specific performance of the subject agreement. We have concluded that they are and that the trial court erred in refusing to grant plaintiffs relief in this form.
The Record
On August 11, 1959, plaintiffs and decedent entered into a written contract which provided as follows:
“Whereas…
2Cases cited38 opinions
- Bank of California v. Superior CourtCalifornia Supreme Court · 1940
- Brown v. Superior CourtCalifornia Supreme Court · 1949
- Union Sugar Co. v. Hollister Estate Co.California Supreme Court · 1935
- Morrison v. LandCalifornia Supreme Court · 1915
- Bewick v. MechamCalifornia Supreme Court · 1945
33 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gribaldo, Jacobs, Jones & Associates v. Agrippina Versicherunges A. G.California Supreme Court · 1970
- Meyer v. BenkoCalifornia Court of Appeal · 1976
- Crail v. BlakelyCalifornia Supreme Court · 1973
- Hennefer v. ButcherCalifornia Court of Appeal · 1986
- Prunty v. Bank of AmericaCalifornia Court of Appeal · 1974
22 more not listed; retrieve them via the Exa API.