Legal Opinion

Montgomery v. Meyerstein

California Supreme Court

Decided July 9, 1921No. S. F. Nos. 9227 and 9271PublishedCited by 25 opinions

APPEALS from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a motion for entry of judgment against a certain defendant and for a lien upon the property. George A. Sturtevant, Judge. Reversed. The facts are stated in the opinion of the court. Lovett K. Fraser, Ornbaun & Fraser, Casper A. Ornbaun and Cleveland R. Wright for Appellant.

1Opinion of the CourtShaw, J.

The complaint states a cause of action in favor of the plaintiff against the defendants to recover of the defendants the sum of $2,020 upon the rescission of a contract executed by the defendants to the plaintiff for the conveyance of a certain lot. The money sought to be recovered consists of five hundred dollars paid by plaintiff to defendant Brown and $1,170 paid by her to defendant Forest Hill Realty Company, both sums being paid as part of the purchase price of said property, and several sums paid upon the property, the items being $215 for improvements upon the property, ten dollars for…

2Cases cited3 opinions

  1. Spreckels v. GorrillCalifornia Supreme Court · 1907
  2. MacLeod v. MoranCalifornia Supreme Court · 1908
  3. Davis v. ButlerCalifornia Supreme Court · 1908

3Cited by25 opinions

  1. McCall v. Superior CourtCalifornia Supreme Court · 1934
  2. Bennett v. Superior CourtCalifornia Supreme Court · 1933
  3. Cohen v. Hellman Commercial Trust & Savings BankCalifornia Court of Appeal · 1933
  4. Harder v. AllredCalifornia Court of Appeal · 1923
  5. Utemark v. SamuelCalifornia Court of Appeal · 1953

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