Legal Opinion
Sturgis v. Galindo
California Supreme Court
Decided July 15, 1881No. 6,951PublishedCited by 22 opinions
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Fifteenth District Court, County of Contra Costa. Dwinelle, J. Petition for hearing in Bank was filed in this case after judgment, and denied.
1Opinion of the Court
ROSS, J.:
This is a suit for the specific performance of an alleged *31contract for the sale of real estate, and, therefore, is addressed to the sound discretion of the Court. The discretion to be exercised is not, it is true, an arbitrary or capricious one, depending upon the mere pleasure of the Court, but is one to be exercised and controlled by the established doctrines of equity, applied to the circumstances of the particular case.
“ Unless the Court is satisfied,” said Chancellor Kent, “ that the contract is fair and just, and equal in all its parts, and founded on an adequate consideration,…
2Cases cited2 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Cooper v. PenaCalifornia Supreme Court · 1863
3Cited by22 opinions
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Newman v. FreitasCalifornia Supreme Court · 1900
- Bleecher v. ConteCalifornia Supreme Court · 1981
- Smith v. TaylorCalifornia Supreme Court · 1890
- Sheehan v. VedderCalifornia Court of Appeal · 1930
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