Legal Opinion

Holbrook v. McCarthy

California Supreme Court

Decided July 29, 1882No. 7,777PublishedCited by 12 opinions

Appeal from a judgment for the defendant in the Superior Court of the City and County of San Francisco (Cary, J.), and from an order denying a new trial in said Superior Court of the City and County of San Francisco. Hayne, J. A petition for hearing in hank was filed in this case after judgment and denied.

1Opinion of the Court

McKee, J.:

This was an action to compel specific performance of an agreement to convey certain real estate. The agreement was made by an agent of the defendant acting under the following authority:

“ San Francisco, 6th Oct., 1879.
“ I authorize Thomas Magee, exclusively, to sell the following property for me, for $72,175, in gold coin, for 30 days from date; lot south-east side of Market street, 91 8-12 feet; north-east of north-east line of Fremont street; thence northeast along south-east side of Market street 91 8-12 feet front, by uniform depth south-east of 137.6, together with right of *219way…

2Cited by12 opinions

  1. Colvin v. BlanchardTexas Supreme Court · 1908
  2. Swift v. ErwinSupreme Court of Arkansas · 1912
  3. Krumdick v. CrumpCalifornia Supreme Court · 1893
  4. Coulter v. Portland Trust Co.Oregon Supreme Court · 1891
  5. Wright v. LoweCalifornia Court of Appeal · 1956

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