Mullarky v. Young

The action was brought to recover damages for the breach of a contract to convey real estate. A general demurrer to the complaint was sustained and the correctness of the ruling is the only question involved in the appeal.

The foundation of plaintiff’s claim is disclosed by the following allegation: “That heretofore, to wit, on the eighteenth day of December, 1907, for a good and valuable consideration, plaintiff entered into an agreement in writing with defendant for the purchase of certain real property situate in the County of Alameda, State of California, by the terms of which agreement…