McDonald v. Mission View Homestead Ass'n
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Action to rescind a contract for the purchase of real estate, and to recover the money paid on the purchase and the value of the improvements placed on the premises. The action was dismissed as to all the defendants except William Monahan and T. F. Reardon.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Action to rescind a contract for the purchase of real estate, and to recover the money paid on the purchase and the value of the improvements placed on the premises. The action was dismissed as to all the defendants except William Monahan and T. F. Reardon. Said last-named defendants were partners in buying and selling real estate, and on the 1st day of February, 1869, contracted to sell, and that the Mission Yiew Homestead Association should execute to the plaintiff a good deed of conveyance which…
1Opinion of the Court
By the Court:
The decree must be modified by deducting the sum of twenty dollars, and interest thereon, from the sum of four hundred and sixty dollars mentioned in the fifth finding, and striking out that portion of the decree directing that the five hundred and forty dollars allowed for improvements be paid in gold coin.
So ordered.
By the Court, on petition for a rehearing:
The petition for a rehearing assumes as a fact appearing in the record, that the agreement for the conveyance of the *212real estate in question was not in writing, and was, therefore, void, within the statute of frauds.
"Upon…
2Cited by11 opinions
- Runyan v. Pacific Air Industries, Inc.California Supreme Court · 1970
- McDonald v. LambertNew Mexico Supreme Court · 1938
- Ortega v. CorderoCalifornia Supreme Court · 1891
- Broder v. ConklinCalifornia Supreme Court · 1888
- Yoakam v. KingeryCalifornia Supreme Court · 1899
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