Legal Opinion

Day v. Cohn

California Supreme Court

Decided August 22, 1884No. 9,498PublishedCited by 8 opinions

Appeal from a judgment of the Superior Court of Butte County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtMcKee, J.

The contention that the decree in this case is erroneous, because it is based upon conclusions of law not supported by the findings, and drawn from findings not sustained by the evidence, is not maintainable.

The action was to enforce the specific performance of a parol agreement to convey the legal title to a town lot.

The record of the case shows that the plaintiff proved the agreement as averred in his complaint; that under the agreement he entered into possession of the lot, by and with the consent of his vendor, and expended several hundred dollars in building upon it a dwelling-house and…

2Cases cited3 opinions

  1. Love v. WatkinsCalifornia Supreme Court · 1871
  2. Millard v. HathawayCalifornia Supreme Court · 1865
  3. Farley v. VaughnCalifornia Supreme Court · 1858

3Cited by8 opinions

  1. Smith v. MatthewsCalifornia Supreme Court · 1889
  2. Barton v. DunlapIdaho Supreme Court · 1901
  3. McGinn v. WilleyCalifornia Court of Appeal · 1914
  4. Alhambra Redevelopment Agency v. Transamerica Financial ServicesCalifornia Court of Appeal · 1989
  5. Vorwerk v. NolteCalifornia Supreme Court · 1890

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