Goodale v. West
California Supreme Court
Appeal from the Superior Court of San Francisco. Bill in equity to compel the defendant to execute certain deeds to property in San Francisco.
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Appeal from the Superior Court of San Francisco. Bill in equity to compel the defendant to execute certain deeds to property in San Francisco. The bill alleges that on the 18th day of February, 1853, the defendant executed and delivered to one Calvin Slade the following instrument of writing : “I have this day sold to Calvin Slade my two lots situated as follows: Fifty vara lot No. 435; also fifty vara lot No. 664, and part of lot No. 617, being one hundred and sixty feet on Green street, for twenty-eight hundred and fifty dollars, payable within thirty days, or upon delivery •of the deeds if…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The material objections to the recovery in this case will be separately considered.
1. The paper introduced to show a payment to defendant by the plaintiff’s assignor would have been insufficient alone, if it had been objected to on the trial, but the want of such objection is equivalent to an admission of its sufficiency. Courts will not permit a party to give an apparent acquiescence which will operate to mislead and entrap his adversary. If the objection had been made in proper time, the legal presumption is, that the plaintiff would have supplied the necessary…
2Cited by8 opinions
- Gray v. DoughertyCalifornia Supreme Court · 1864
- People v. RolfeCalifornia Supreme Court · 1882
- Shive v. BarrowCalifornia Court of Appeal · 1948
- People v. MedinaCalifornia Court of Appeal · 1978
- Durkee v. Chino Land and Water Co.California Supreme Court · 1907
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