Gates v. McLean
California Supreme Court
Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial. The action was brought to recover the possession of certain land, which the plaintiff had contracted to sell to the defendant. Judgment was rendered in favor of the plaintiff. The further facts are stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
The contract between the parties, as alleged in the complaint, was: “On the eighth day of October, 1881, this plaintiff agreed to and with said defendant to sell and convey said lots and parcels of land [hereinafter described] to said defendant, for the agreed price of two thousand eight hundred dollars; that on said date the said defendant paid to plaintiff the sum of three hundred dollars, and then and there promised and agreed to and with the plaintiff to pay the balance of said purchase-money, to wit, the sum of two thousand five hundred dollars, and interest thereon at one per cent per…
2Cases cited11 opinions
- Hicks v. LovellCalifornia Supreme Court · 1883
- McIndoe v. MormanWisconsin Supreme Court · 1870
- Taft v. KesselWisconsin Supreme Court · 1862
- Whittier v. StegeCalifornia Supreme Court · 1882
- Willis v. WozencraftCalifornia Supreme Court · 1863
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3Cited by37 opinions
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- Hines v. BrodeCalifornia Supreme Court · 1914
- Runyan v. Pacific Air Industries, Inc.California Supreme Court · 1970
- Verbeck v. ClymerCalifornia Supreme Court · 1927
- Garvey v. LashellsCalifornia Supreme Court · 1907
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