Legal Opinion

Home & Farm Co. of Cal. v. Freitas

California Supreme Court

Decided May 29, 1908No. S.F. No. 4667PublishedCited by 11 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

This action was brought to correct and reform a deed to certain lands situate in the county of Marin, upon the ground of a mutual mistake of the parties, whereby some sixteen acres of land more than contemplated by the parties were conveyed by erroneous description. Judgment passed for plaintiff and from that judgment and from an order denying his motion for a new trial defendant appeals.

His principal contention upon the appeal is that the mistake was not mutual, that whatever may have been in the ■mind of the grantor, as to himself, the grantee, he received ■only such land as he understood…

2Cases cited8 opinions

  1. Hutchinson v. AinsworthCalifornia Supreme Court · 1887
  2. Sullivan v. MoorheadCalifornia Supreme Court · 1893
  3. Wilson v. MoriartyCalifornia Supreme Court · 1891
  4. Stevens v. HolmanCalifornia Supreme Court · 1895
  5. Brainerd v. ArnoldSupreme Court of Connecticut · 1858

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. National Automobile & Casualty Insurance v. Industrial Accident CommissionCalifornia Supreme Court · 1949
  2. Harrell v. NashSupreme Court of Oklahoma · 1942
  3. Arsenian v. MeketarianCalifornia Court of Appeal · 1956
  4. Tieso v. TiesoCalifornia Court of Appeal · 1945
  5. Vecki v. SorensenCalifornia Court of Appeal · 1954

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