Barfield v. Price
California Supreme Court
Appeal from tbe District Court of tbe Thirteenth District, County of MercecL Thisisan action tocompel defendants to execute toplaint-iff a deed to certain real estate described in plaintiff’s complaint, alleged to have been conveyed to defendants Pascal, and D. J. Price, by plaintiff, through mistake a portion of which was thereafter by them conveyed to defendant Summers, who, it is alleged, well knew at the time of said conveyance to him by said Pascal, and D. J. Price, and…
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Appeal from tbe District Court of tbe Thirteenth District, County of MercecL Thisisan action tocompel defendants to execute toplaint-iff a deed to certain real estate described in plaintiff’s complaint, alleged to have been conveyed to defendants Pascal, and D. J. Price, by plaintiff, through mistake a portion of which was thereafter by them conveyed to defendant Summers, who, it is alleged, well knew at the time of said conveyance to him by said Pascal, and D. J. Price, and was fully informed in all the circumstances of said mistake. Defendants demurred to plaintiff’s complaint on the…
1Opinion of the Court
Templé, J.,
delivered tbe opinion of the Court, Rhodes, C. J., Crockett, J., and Wallace, J., concurring :
Tbe demurrer to tbe complaint was properly sustained, on tbe ground that it does not state facts sufficient to con stitute a cause of action.
In tbe first place, it does not sufficiently show that a mistake was committed by tbe plaintiff. It avers that she sold a tract of land, which is described by metes and bounds, and tbe quantity given; and we must presume, from tbe reading of tbe complaint, that it was conveyed by tbe same description. There was, then, no mistake committed in tbe…
2Cited by26 opinions
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Bailey v. FoxCalifornia Supreme Court · 1889
- Page v. HigginsMassachusetts Supreme Judicial Court · 1889
- Oppenheimer v. ClunieCalifornia Supreme Court · 1904
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1886
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