Gibbons v. Yosemite Lumber Co.

RICHARDS, J., pro tem.

The following portion of the opinion of the district court of appeal is adopted as correctly stating the facts of this ease:

“This case was formerly before the Supreme Court (172 Cal. 714 [158 Pac. 196]). The judgment of the superior court was reversed upon the ground that the finding ‘that plaintiff is the owner of the land’ was unsupported, the action being to quiet title. However, the Supreme Court said: ‘It may be that there has been such partial performance of an oral contract to convey as would meet the defense of the statute of frauds, and that the plaintiff could…