Owen v. Pomona Land & Water Co.
California Supreme Court
MOTION in the Supreme Court to vacate and set aside a sale, and to quash an execution issued, pending an appeal from an order of the Superior Court of San Bernardino County, denying a new trial. Frank F. Oster, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
This is an action by the vendee against his vendor to recover moneys paid in pursuance of a contract for the sale of land and certain shares of water stock, and for damages.
The plaintiff took possession of the land at the date of the contract and has ever since retained possession. By the judgment of the superior court it was decreed that the contract had been rightfully rescinded by plaintiff; that it should be annulled, and that plaintiff should have judgment for the amount of his payments under the contract and the value of his improvements on the land, in all about eight thousand dollars.…
2Cases cited8 opinions
- Hill v. FinniganCalifornia Supreme Court · 1880
- Kreling v. KrelingCalifornia Supreme Court · 1897
- Tompkins v. MontgomeryCalifornia Supreme Court · 1897
- Brown v. RouseCalifornia Supreme Court · 1897
- Williams v. BorgwardtCalifornia Supreme Court · 1897
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3Cited by18 opinions
- Zappettini v. BucklesCalifornia Supreme Court · 1914
- McAneny v. Superior Court of Santa Clara Cty.California Supreme Court · 1906
- Smith v. SmithCalifornia Supreme Court · 1941
- Southern Pacific Co. v. Superior CourtCalifornia Supreme Court · 1914
- Weldon v. RogersCalifornia Supreme Court · 1908
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