Thomas v. Pacific Beach Co.
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County and from an order denying a new trial. George Puterbaugh, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
The single question involved in this appeal is whether the action is barred by the statute of limitations, and the question arises upon the face of the complaint under the demurrer interposed.
The action, which was commenced September 24, 1894, is to recover back with interest the purchase money paid by plaintiff to defendant under five several contracts of even date for the conveyance of land. Each contract covers a separate parcel or lot of land, and each is counted upon in a separate count. The five counts are identical in averment, excepting only in the description of the lot and price to…
2Cases cited9 opinions
- Lattin v. GilletteCalifornia Supreme Court · 1892
- Shively v. Semi-Tropic Land & Water Co.California Supreme Court · 1893
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- McCarthy v. Mount Tecarte Land & Water Co.California Supreme Court · 1896
- Joyce v. ShaferCalifornia Supreme Court · 1893
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3Cited by54 opinions
- Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
- Wagner Construction Co. v. Pacific Mechanical Corp.California Supreme Court · 2007
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Williams v. BerginCalifornia Supreme Court · 1897
- Bogart v. George K. Porter Co.California Supreme Court · 1924
49 more not listed; retrieve them via the Exa API.