Kelly v. Mack
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Mendocino. The plaintiff was, in June, 1865, in the possession of a tract of land known as Tick Valley, at the head of the Albion river, Mendocino county, and entered into a written agreement with the defendant, by which he was to sell him the land for six hundred dollars.
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Appeal from the District Court, Seventh Judicial District, County of Mendocino. The plaintiff was, in June, 1865, in the possession of a tract of land known as Tick Valley, at the head of the Albion river, Mendocino county, and entered into a written agreement with the defendant, by which he was to sell him the land for six hundred dollars. The defendant paid three hundred dollars down, and was to pay one hundred and fifty dollars on the 1st day of June, 1866, and the remainder on the 1st day of June, 1867. The defendant entered into possession under the agreement. The plaintiff’s prior…
1Opinion of the Court
By the Court, McKinstry, J.:
The bill of exceptions contains no specification of errors of law. The appeal is from an order denying a new trial.
As to the specifications of the particulars, wherein the evidence is alleged to be insufficient: The last two of the attempted specifications are too general, being merely a statement that the evidence is insufficient to justify the decree. Nor is the second more precise, since it alleges, in effect, that the cause of action set forth in the complaint is not sustained by the evidence. The first point is not well taken. The proof is sufficient that…
2Cited by6 opinions
- De Molera v. MartinCalifornia Supreme Court · 1898
- Bell v. StaackeCalifornia Supreme Court · 1903
- Hewitt v. San Jacinto & Pleasant Valley Irrigation DistrictCalifornia Supreme Court · 1899
- Weisberg v. LoughridgeCalifornia Court of Appeal · 1967
- Wise v. BurtonCalifornia Supreme Court · 1887
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