Salmon v. Hoffman
California Supreme Court
Appeal from the Superior Oourt of the City of San Francisco. In August, 1851, Salmon filed his complaint against the respondents, charging that on the 4th of July, 1849, the defendants, by their power of attorney of that date, recorded in San Francisco, authorized one Henry Fisher to dispose of certain lands in San Francisco, to which the defendants claimed title as heirs tif James Scott, late of San Francisco; that the defendants, by their said agent, contracted with the…
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Appeal from the Superior Oourt of the City of San Francisco. In August, 1851, Salmon filed his complaint against the respondents, charging that on the 4th of July, 1849, the defendants, by their power of attorney of that date, recorded in San Francisco, authorized one Henry Fisher to dispose of certain lands in San Francisco, to which the defendants claimed title as heirs tif James Scott, late of San Francisco; that the defendants, by their said agent, contracted with the plaintiff for the sale of said lands, at the price of $34,000, whereof the plaintiff paid the defendants, through their…
1Opinion of the CourtJustice Heydenfeldt
The defendants were the heirs of James Scott; and in making the contract which has given rise to this suit, one Fisher was their agent. Fisher, as agent, contracted with the plaintiff to sell the lots in question, “by the same title by which James Scott held them at the time of his death.” This language is so specific as to have put the plaintiff on his guard; and is just as forcible as the legal maxim of caveat emptor. This renders it unnecessary to inquire into the title which was acquired by James Scott, in his life time. It is sufficient that the fact is found by the Court below, that the…
2Cited by11 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Willis v. WozencraftCalifornia Supreme Court · 1863
- Mitchell v. California-Pacific Title InsuranceCalifornia Court of Appeal · 1926
- Hill v. GrigsbyCalifornia Supreme Court · 1867
- Rogers v. GruberSupreme Court of Missouri · 1943
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