Legal Opinion

Bensley v. Atwill

California Supreme Court

Decided January 15, 1859PublishedCited by 5 opinions

Appeal from the Twelfth District, County of San Francisco. The facts of the case sufficiently appear in the opinion of the Court.

1Opinion of the CourtBaldwin, J.

Action upon contract, dated twentieth July, 1853. Atwill conveyed to Bensley a lot in San Francisco for the sum of $6,000. A part was paid down, and Bensley’s note taken for the balance, payable in three years after date. Atwill agreed to pay back the $2,000, and deliver up the note to be canceled in the event that Bensley should be dispossessed by legal judgment at any time during three years ensuing the date of the contract, provided that Bensley should vigilantly defend any suit that might be brought against him during the period of three years for the possession of the lot. Bensley agreed…

2Cited by5 opinions

  1. Hall v. The Bark "Emily Banning"California Supreme Court · 1867
  2. Savery v. BrowningSupreme Court of Iowa · 1865
  3. Knox v. KearneyCalifornia Court of Appeal · 1919
  4. Union Indemnity Co. v. LangCourt of Appeals for the Ninth Circuit · 1934
  5. Bone v. SmithCourt of Appeals of Texas · 1914

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