Nicholson v. Tarpey
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The action was brought for the specific performance of a contract for the sale of land against the devisees and heirs at law of the vendor. The further facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
The demurrer to the complaint in this cause was properly overruled.
In actions for the specific performance of contracts for the sale of lands, it is necessary to allege and show to the court an adequate consideration for the performance of the contract sought to be enforced, and that the same is fair and reasonable in all its parts, and of such a character as may fairly call for the interposition of a court of equity. (Agard v. Valencia, 39 Cal. 292; Bruch v. Tucher, 42 Cal. 346; Fry on Specific Performance, sec. 251.)
In this cause, however, the complaint shows that Mr. Tarpey, with…
2Cases cited4 opinions
- Agard v. ValenciaCalifornia Supreme Court · 1870
- Bruck v. TuckerCalifornia Supreme Court · 1871
- Schenck v. SithoffIndiana Supreme Court · 1881
- Whitney v. HoughtonMassachusetts Supreme Judicial Court · 1878
3Cited by20 opinions
- Prince v. LambCalifornia Supreme Court · 1900
- White v. SageCalifornia Supreme Court · 1906
- Stiles v. CainCalifornia Supreme Court · 1901
- Windsor v. MinerCalifornia Supreme Court · 1899
- Herzog v. Atchison, Topeka & Santa Fe R.R.California Supreme Court · 1908
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