Legal Opinion

McCarty v. Wilson

California Supreme Court

Decided October 20, 1920No. L. A. No. 4839PublishedCited by 17 opinions

APPEALS from a judgment of the Superior Court of Los Angeles County. Louis W. Myers, Judge. Judgment for cross-defendant on cross-complaint affirmed. The facts are stated in the opinion of the court. Allison & Dickson, Meserve & Meserve, Edwin A. Meserve, Shirley E. Meserve, J. D. Taggart and Harold G. Ferguson for Appellant, Cross-defendant and Respondent. A. W. Ashburn, for Respondent, Cross-complainant and Appellant.

1Opinion of the CourtLennon, J.

This is an action wherein plaintiff, as executor of the estate of one Anna E. McCarty, deceased, seeks the specific performance of a contract to purchase certain real property belonging to said estate. Defendant has undertaken to avoid the contract on various grounds and by cross-complaint seeks to recover a deposit made by him. The trial court denied relief to plaintiff on his complaint and to defendant on his cross-complaint, and each party has appealed from that portion of the judgment adverse to him, both appeals being presented in a joint transcript and joint briefs.

[1] There is no merit…

2Cases cited13 opinions

  1. Everett v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1896
  2. Warner v. F. Thomas Parisian Dyeing & Cleaning WorksCalifornia Supreme Court · 1895
  3. Hammond v. CailleaudCalifornia Supreme Court · 1896
  4. Hyde v. BoyleCalifornia Supreme Court · 1891
  5. Ferguson v. EdgarCalifornia Supreme Court · 1918

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3Cited by17 opinions

  1. Evans v. FaughtCalifornia Court of Appeal · 1965
  2. Wetzler v. PattersonCalifornia Court of Appeal · 1925
  3. Alcan Aluminum Corporation, Plaintiff/counterdefendant-Appellee v. Carlsberg Financial Corporation, Defendant/counterclaimant-AppellantCourt of Appeals for the Ninth Circuit · 1982
  4. Baldwin v. StewartCalifornia Supreme Court · 1933
  5. Lichtenfeld v. FrederickCalifornia Court of Appeal · 1957

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