Mayer v. Child
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. May 28th, 1872, the plaintiff, through his broker, S. Lacour, made a verbal contract with Klopenstine, by which Klopenstine was to sell him 100 shares of Pioche mining stock for $1,350. Afterwards Lacour assigned this verbal contract to the defendants by the following instrument: “I hereby assign and sell to Child & Tibbey, the 100 shares Pioche stock sold by J. Klopenstine to me,…
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. May 28th, 1872, the plaintiff, through his broker, S. Lacour, made a verbal contract with Klopenstine, by which Klopenstine was to sell him 100 shares of Pioche mining stock for $1,350. Afterwards Lacour assigned this verbal contract to the defendants by the following instrument: “I hereby assign and sell to Child & Tibbey, the 100 shares Pioche stock sold by J. Klopenstine to me, May 28th, 1872, and due July 27th, 1872, for the sum of thirteen hundred and fifty dollars ($1,350), they to give me…
1Opinion of the Court
By the Court:
The contract between Laeour and Klopenstine was for the purchase of 100 shares of mining stock for the sum of $1,350. No part of the stock was delivered, nor was any portion of the purchase money paid, nor was any note or memorandum of the sale or transaction made or signed by any person. Under our statute of frauds the contract was void, and its assignment to the defendants furnished no consideration for the promise declared on. (Sherman v. Barnard, 19 Barb. 291.)
Judgment affirmed.
2Cases cited1 opinion
- Sherman v. BarnardNew York Supreme Court · 1855
3Cited by5 opinions
- Berkey v. HalmCalifornia Court of Appeal · 1950
- Franklin v. Matoa Gold Min. Co.Court of Appeals for the Eighth Circuit · 1907
- Illinois-Indiana Fair Ass'n v. PhillipsIllinois Supreme Court · 1927
- McCarthy v. PopeCalifornia Supreme Court · 1878
- Stifft v. StiewelSupreme Court of Arkansas · 1909