Legal Opinion

Smith v. Bach

California Supreme Court

Decided June 24, 1920No. L. A. No. 5121PublishedCited by 117 opinions

The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

This action is one in assumpsit for money had and received.

The case grows out of a contract relating to the sale of certain tracts of land in a subdivision situated in San Diego County. Plaintiffs paid defendant a part of the purchase price under the terms of the contract of sale, and they seek by this action to recover the same upon the ground that' the contract relating to the sale is void. The claimed invalidity is based upon the admitted fact that the sales were made in violation of the act of March 15, 1907 (Stats. 1907, p. 290), making it unlawful to sell or offer for sale…

2Cases cited11 opinions

  1. Berka v. WoodwardCalifornia Supreme Court · 1899
  2. Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
  3. Levinson v. BoasCalifornia Supreme Court · 1907
  4. Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
  5. Wassermann v. SlossCalifornia Supreme Court · 1897

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3Cited by117 opinions

  1. Carter v. Seaboard Finance Co.California Supreme Court · 1949
  2. Marriott Financial Services, Inc. v. Capitol Funds, Inc.Supreme Court of North Carolina · 1975
  3. McAllister v. DrapeauCalifornia Supreme Court · 1939
  4. Pollak v. StauntonCalifornia Supreme Court · 1930
  5. Wallace v. ZinmanCalifornia Supreme Court · 1927

112 more not listed; retrieve them via the Exa API.

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