Murphy v. Rooney
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The northwest quarter of section thirteen, township eight north, range five east, Mount Diablo meridian, was in the grant by Congress to the Central Pacific Railroad Company. Yovember 1st, 1865, the company had not received a patent therefor, but was willing to sell the same by giving a bond for a deed when the patent was issued.
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The northwest quarter of section thirteen, township eight north, range five east, Mount Diablo meridian, was in the grant by Congress to the Central Pacific Railroad Company. Yovember 1st, 1865, the company had not received a patent therefor, but was willing to sell the same by giving a bond for a deed when the patent was issued. John H. Carroll was occupying some of this quarter section, and James McCloy the other part. On said day Carroll applied to the company to buy the north half of the quarter, and…
1Opinion of the Court
By the Court:
Upon looking into the record, we are of opinion that the mutual promises of McCloy and Carroll, contained in the written agreement of November, 1865, constitute a sufficient consideration to support the agreement, and so take it out of the eighth section of the Statute of Frauds.
The Court having found the fact that by mistake of the .draftsman some of the terms of the agreement had been omitted in drawing it up, should have entered a decree re*80forming the instrument in those particulars, and specifically enforcing it as reformed.
Judgment reversed, and cause remanded for further…
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