Gaven v. Hagen
California Supreme Court
Appeal from the Twelfth District. The complaint was in the usual form, claiming possession because of title in plaintiff. The answer denies all the allegations of the complaint; sets up the agreement between Zottman & Kelly, as stated in the opinion of the Court, offers to comply with the agreement; avers that Zottman has put it out of his power to comply with its terms; and that defendants are not bound to accept a deed from plaintiff instead of Zottman.
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Appeal from the Twelfth District. The complaint was in the usual form, claiming possession because of title in plaintiff. The answer denies all the allegations of the complaint; sets up the agreement between Zottman & Kelly, as stated in the opinion of the Court, offers to comply with the agreement; avers that Zottman has put it out of his power to comply with its terms; and that defendants are not bound to accept a deed from plaintiff instead of Zottman. Answer also avers that Kelly took possession of the land under the agreement. Defendants Hagen & Fox were in actual possession as tenants…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
Ejectment for a lot in San Francisco. The case rests upon these facts: One Zottman, on the thirteenth of July,'1858, was the owner of this lot, and then entered into a written contract with Kelly for the sale of it. The instrument recites the terms of the agreement, which were, that Kelly was to pay §3,372 50, as follows: $872 50 on or before fifteenth August, with interest, etc.; $1,250 on the fifteenth November, 1858, with interest, etc.; and the remainder ($1,250) to be paid on or before March 1st, 1859, with interest, etc., notes to be given for these sums. It was…
2Cases cited1 opinion
- Spencer v. TobeyNew York Supreme Court · 1856
3Cited by12 opinions
- Gates v. McLeanCalifornia Supreme Court · 1886
- Willis v. WozencraftCalifornia Supreme Court · 1863
- Central Pacific Railroad v. MuddCalifornia Supreme Court · 1881
- Armstrong v. PalmerCourt of Appeals of Texas · 1920
- Stratton v. California Land & Timber Co.California Supreme Court · 1890
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