Legal Opinion

Fincher v. Malcolmson

California Supreme Court

Decided August 25, 1892No. 14777PublishedCited by 4 opinions

Appeal from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Temple, C.

— Defendant appeals from the judgment and order refusing him a new trial.

The action is to quiet plaintiff's title to atract of land. The answer, after certain denials, sets out, as a further answer and cross-complaint, an agreement between the defendant and L. N. Fincher, husband of plaintiff, who, it is averred, owned the land, by which agreement said Fincher, in consideration of one dollar, agrees, at any time within six months, to sell to defendant, or any one he might name, the whole or any part of a tract of 320 acres of land, which included the tract in controversy. The…

2Cases cited1 opinion

  1. McCarthy v. YaleCalifornia Supreme Court · 1870

3Cited by4 opinions

  1. In Re Marriage of LiuCalifornia Court of Appeal · 1987
  2. Selwyn Operating Corp. v. CommissionerUnited States Board of Tax Appeals · 1928
  3. Merchants National Bank v. McKinneySouth Dakota Supreme Court · 1893
  4. In Re Marriage of LiuCalifornia Court of Appeal · 1987

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