McCarthy v. Pope
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Plaintiff appeals. The complaint in substance alleges that one Richardson, being the owner of certain parcels of land in San Francisco, bargained with the plaintiff for the same, whereby he (Richardson) agreed to sell and plaintiff agreed to buy, for the sum of two hundred thousand dollars.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Plaintiff appeals. The complaint in substance alleges that one Richardson, being the owner of certain parcels of land in San Francisco, bargained with the plaintiff for the same, whereby he (Richardson) agreed to sell and plaintiff agreed to buy, for the sum of two hundred thousand dollars. That afterward, at the special instance and request of defendant, plaintiff sold and assigned to defendant his (the plaintiff’s) contract with Bichardson, and right to purchase of said Bichardson, in the place…
1Opinion of the Court
cited Foulke v. S. D. & G. S. P. R. R. Co. as construing Pixley v. W. P. R. R. Co. 33 Cal. 198, to the effect that where the statute declares that a writing is necessary to bind a corporation, it only applies to executory contracts. (To the same effect Patten v. Hicks, 43 Cal. 509; Emery v. Smith, 46 N. H. 155; Jones v. Hay, 52 Barb. 507.)
II. The defendant received value from the plaintiff.
The Court below held, as before stated, that because the plaintiff’s right to purchase was not in writing it was void; that being void there was nothing for the plaintiff to assign to defendant ; and that…
2Cases cited6 opinions
- Fuller v. ReedCalifornia Supreme Court · 1869
- Pico v. CuyasCalifornia Supreme Court · 1873
- Pixley v. The Western Pac. R.R.California Supreme Court · 1867
- Kratz v. StockeSupreme Court of Missouri · 1868
- Patten v. HicksCalifornia Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Byers v. LockeCalifornia Supreme Court · 1892
- Jones v. PatrickU.S. Circuit Court for the District of Nevada · 1905
- Merfeld v. AndersonSupreme Court of Oklahoma · 1924
- Kelly v. RubleOregon Supreme Court · 1883