Legal Opinion

Green v. Robert Wells & Co.

California Supreme Court

Decided October 15, 1852PublishedCited by 7 opinions

Appeal from the Fourth Judicial District. The plaintiffs agreed with defendants to build a house for them for the sum of $10,000, to be paid in instalments as the building advanced; that plaintiffs performed on their part up to the 3rd May, 1851, when $1200 became due on the second instalment from defendants to plaintiffs; and plaintiffs claimed the said sum and the further sum of $120 for bricks delivered.

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Appeal from the Fourth Judicial District. The plaintiffs agreed with defendants to build a house for them for the sum of $10,000, to be paid in instalments as the building advanced; that plaintiffs performed on their part up to the 3rd May, 1851, when $1200 became due on the second instalment from defendants to plaintiffs; and plaintiffs claimed the said sum and the further sum of $120 for bricks delivered. Defendants answered, and denied every allegation of the complaint ; and averred that they were all untrue; and further say, that plaintiffs are indebted to them $599.06, for money paid on…

1Opinion of the CourtHeydemeldt, Justice

It is a ru'.e of law, that a parol agreement to rescind a contract under seal is good, if such parol agreement is executed; and further fiat such an agreement may be presumed from the acts of the parties.

In this recoid, it is clear, that at the time the agreement to rescind was made, it was merely executory; and one question to be determined is, whether a subsequent execution of it may not be presumed iron the acts of the parties before this suit was brought.

These acts are Very simple. The contract was to build a house. The plaintiffs abardoned the contract, and made no efforts to continue…

2Cited by7 opinions

  1. Treadwell v. NickelCalifornia Supreme Court · 1924
  2. Ahlgren v. WalshCalifornia Supreme Court · 1916
  3. Keeling v. Schastey & VollmerCalifornia Court of Appeal · 1912
  4. White Pine Lumber Co. v. Manufacturers' Lumber Co.Michigan Supreme Court · 1916
  5. Whiting v. HeslepCalifornia Supreme Court · 1854

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