Empire Investment Co. v. Mort
California Supreme Court
APPEAL from a judgment of the Superior Court of Kings County and from an order granting a new trial. John Gr. Covert, Judge presiding at trial; J. A. Allen, Judge presiding on motion for new trial. The facts are stated in the opinion of the court. H. Scott Jacobs, and John G. Covert, for Defendants, and Appellants on Appeal from Order; for Defendants and Respondents on Appeal from Judgment.
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APPEAL from a judgment of the Superior Court of Kings County and from an order granting a new trial. John Gr. Covert, Judge presiding at trial; J. A. Allen, Judge presiding on motion for new trial. The facts are stated in the opinion of the court. H. Scott Jacobs, and John G. Covert, for Defendants, and Appellants on Appeal from Order; for Defendants and Respondents on Appeal from Judgment. Scarborough & Bowen, for Plaintiff and Respondent on Appeal from Order; and for Plaintiff and Appellant on Appeal from Judgment.
1Opinion of the CourtMelvin, J.
The Empire Investment Company, in September, 1910, entered into a contract with defendants whereby plaintiff agreed to sell and defendants to buy a tract of land in Kings County for something more than twenty-three thousand dollars, payable in annual installments. The first payment was due on November 1, 1911, but was not met by defendants, and plaintiff having elected to declare the contract forfeited and so to notify defendants, brought suit to recover possession of the tract and for damages for retention, alleging in its complaint that it was the owner in fee of the property. Defendants…
2Cases cited22 opinions
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Wendling Lumber Co. v. Glenwood Lumber Co.California Supreme Court · 1908
- Gordon v. RobertsCalifornia Supreme Court · 1912
- Cox v. McLaughlinCalifornia Supreme Court · 1880
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3Cited by34 opinions
- Alder v. DrudisCalifornia Supreme Court · 1947
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- Moss v. StubbsCalifornia Court of Appeal · 1931
- Springer v. Pacific Fruit ExchangeCalifornia Court of Appeal · 1928
- Seth v. Lew HingCalifornia Court of Appeal · 1932
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