Hill v. Grigsby
California Supreme Court
Appeal from tlie District Court, Seventh Judicial District, Hap a County. This was an action upon nine promissory notes made jointly by defendants to plaintiff, dated June 1st, 1865. The complaint was in the usual form.
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Appeal from tlie District Court, Seventh Judicial District, Hap a County. This was an action upon nine promissory notes made jointly by defendants to plaintiff, dated June 1st, 1865. The complaint was in the usual form. The answer of the defendants- admitted the execution of the notes, and as a defense to the action alleged, that at the time the notes were executed, the plaintiff" as vendor, and the defendants as vendees, entered into a contract for' the sale and purchase of one undivided half interest in a quartz mill and certain real property in the State of Hevada; that the defendants…
1Opinion of the Court
By the Court, Bhodes, J.:
The leading question is, whether plaintiff is entitled to recover upon certain promissory notes representing the unpaid portion of the purchase money for certain real estate, sold by the plaintiff to the defendants, without conveying or offering to convey the property. The solution of the question depends upon the construction to be given to the bond or covenant of the plaintiff. The bond, after reciting the purchase and the terms of payment, proceeds as follows: “How, therefore, the said Hill agrees and binds himself, on condition that the said Grigsby and Smittle…
2Cases cited10 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Parker v. ParmeleNew York Supreme Court · 1822
- Jones v. GardnerNew York Supreme Court · 1813
- Barron v. FrinkCalifornia Supreme Court · 1866
- Williams v. HealeyNew York Supreme Court · 1846
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3Cited by18 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Brennan v. FordCalifornia Supreme Court · 1873
- Newton v. HullCalifornia Supreme Court · 1891
- Brimmer v. SalisburyCalifornia Supreme Court · 1914
- Stevens v. IrwinWashington Supreme Court · 1925
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