Phelps v. Brown
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is an action by the vendee in a contract for the purchase and sale of lands to recover back the sum of five hundred dollars, paid at the date of the contract as a forfeit. The decision of the superior court was against the plaintiff, and she appeals from the judgment on the judgment roll.
The following are the material facts disclosed by the record: “In June, 1887, one Horton and wife owned a tract of land in Santa Clara County, which was encumbered by a mortgage for nine thousand dollars, and the plaintiff, a married woman, owned a house and lot in the city of San José. The Hortons…
2Cases cited8 opinions
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Cleary v. FolgerCalifornia Supreme Court · 1890
- Drew v. PedlarCalifornia Supreme Court · 1891
- Newton v. HullCalifornia Supreme Court · 1891
- Englander v. RogersCalifornia Supreme Court · 1871
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3Cited by32 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Shively v. Semi-Tropic Land & Water Co.California Supreme Court · 1893
- Joyce v. ShaferCalifornia Supreme Court · 1893
- Bray v. LoweryCalifornia Supreme Court · 1912
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