Legal Opinion

Carr v. Howell

California Supreme Court

Decided October 10, 1908No. L.A. No. 2058PublishedCited by 33 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Walter Bordwell, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

This is an action to enforce specific performance of an agreement for the sale of real estate alleged to have been executed to the plaintiff by Lelia Bonner Dwyer in her lifetime. The defendant appeals from the judgment in favor of plaintiff and from an order denying her motion for a new trial.

The first point argued is that the agreement in question is so uncertain, both in the description of the property agreed to be conveyed and in regard to the terms of the mortgage to be given for the unpaid purchase money, that it is not susceptible of specific performance. The agreement is as follows:—

“L…

2Cases cited17 opinions

  1. Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
  2. Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
  3. Merritt v. CampbellCalifornia Supreme Court · 1874
  4. Marriner v. DennisonCalifornia Supreme Court · 1889
  5. Preble v. AbrahamsCalifornia Supreme Court · 1891

12 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. McKevitt v. City of SacramentoCalifornia Court of Appeal · 1921
  2. In Re Estate of DwyerCalifornia Supreme Court · 1911
  3. Collins v. RamishCalifornia Supreme Court · 1920
  4. Mansfield v. Pickwick StagesCalifornia Supreme Court · 1923
  5. Hayne v. CookSupreme Court of Iowa · 1961

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API