Legal Opinion

Whittier v. Gormley

California Court of Appeal

Decided May 9, 1906No. Civ. No. 194PublishedCited by 14 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. J. S. Noyes, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the CourtAllen, J.

Action for specific performance. Findings and judgment for plaintiff. From the judgment and an order denying a new trial defendant appeals.

The case as presented by the record is this: Defendant, the owner of a lot in the city of Los Angeles, agreed to sell the same to plaintiff for the sum of $5,500, and as evidence of such agreement executed the following instrument:

“Los Angeles, Cal., Mch. 26th, 1902.
“Received of Henry F. Whittier the sum of $100.00, one hundred & 00-100 dollars, being paid to grantor to bind bargain, and sale of lot 17, block 85, Feldhauser sub. of block 85 & 86, Ord’s…

2Cases cited3 opinions

  1. Turner v. McDonaldCalifornia Supreme Court · 1888
  2. Grant v. BeronioCalifornia Supreme Court · 1893
  3. Wilcox v. LattinCalifornia Supreme Court · 1892

3Cited by14 opinions

  1. King v. StanleyCalifornia Supreme Court · 1948
  2. Patel v. LiebermenschCalifornia Supreme Court · 2008
  3. Kenefick v. SchumakerIndiana Court of Appeals · 1917
  4. Smiddy v. GraftonCalifornia Supreme Court · 1912
  5. Dennis v. OverholtzerCalifornia Court of Appeal · 1960

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