Swain v. Burnette
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, from an order granting a nonsuit, and from an order denying a motion to modify the judgment. The judgment contained the recital that “the defendants moved the court for a nonsuit on the grounds that no contract of any kind between the plaintiff and the defendants, or either of them, has been shown or proved herein, and that the plaintiff has not made out his case, or sustained the allegations of his complaint.”
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Appeal from a judgment of the Superior Court of Alameda County, from an order granting a nonsuit, and from an order denying a motion to modify the judgment. The judgment contained the recital that “the defendants moved the court for a nonsuit on the grounds that no contract of any kind between the plaintiff and the defendants, or either of them, has been shown or proved herein, and that the plaintiff has not made out his case, or sustained the allegations of his complaint.” The plaintiff moved for an order modifying the judgment by striking out the words “that no contract of any kind between…
1Opinion of the CourtBe Haven, J.
— This is an action to enforce the specific performance of an alleged agreement for an exchange of lands. The making of the agreement was denied by defendants. The answer alleges that defendant Nellie C. Burnette, who is the wife of the other defendant, E. T. Burnette, is the owner of the land in controversy. The evidence in the record before us shows that the defendant E. T. Burnette employed one Crane, a real estate agent, to effect a sale or an exchange of said land, by a writing the material part of which is as follows: “I will place this property in your hands for sale, and will pay you…
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