Legal Opinion

Abbott v. Kellogg

California Court of Appeal

Decided March 1, 1912No. Civ. No. 1038PublishedCited by 4 opinions

APPEAL from a judgment of the Superior Court of Kings County, and from an order denying a new trial. John G. Covert, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAllen, P. J.

The facts are these: That on or about the third day of December, 1906, one Mallory and H. E. Kellogg, defendant, entered into a written agreement for the purchase and sale of real property in Kings-county, under which agreement it was provided that a certain note should be paid on or before October 1, 1909; that certain interest upon other notes should be paid on or before such date; that Kellogg should pay all taxes and charges assessed against the property, as well as water taxes levied, on or before such date; time being made of the essence of the contract. It was further agreed that if…

2Cases cited3 opinions

  1. McCarthy v. BrownCalifornia Supreme Court · 1896
  2. Pomeroy v. BellCalifornia Supreme Court · 1897
  3. Kellogg v. MalloryCalifornia Supreme Court · 1911

3Cited by4 opinions

  1. Greene v. Municipal CourtCalifornia Court of Appeal · 1975
  2. Paap v. Von HelmholtCalifornia Court of Appeal · 1960
  3. Wedderien v. WoodCalifornia Court of Appeal · 1923
  4. Hollar v. Saline Products, Inc.California Court of Appeal · 1938

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