Winter v. Stock
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the trial, plaintiff called as a witness the attorney who made an examination of the title for him, and asked him if, from the abstract and examination he made, he found the title satisfactory ? The defendant objected to the question, and the Court overruled the objection. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Currey, C. J.
This action was brought to recover the sum of eight hundred dollars, paid by the plaintiff to the defendant on a contract for the purchase of a lot of land in the City of San Francisco. The contract between the parties was in writing, the concluding clause of which on the part of the defendant, the bargainer, is in these word's : “ I warrant an indisputable *409and satisfactory title, or no sale, and I have to pay the expenses for the examination of the title.” The defendant’s title was submitted to a lawyer for examination, who pronounced against it. From the original…
2Cases cited2 opinions
- Hornbeck v. WestbrookNew York Supreme Court · 1812
- Jackson ex dem. Cooper v. CoryNew York Supreme Court · 1811
3Cited by13 opinions
- Kentucky Block Cannel Coal Co. v. SewellCourt of Appeals for the Sixth Circuit · 1918
- Allen v. PockwitzCalifornia Supreme Court · 1894
- Montgomery v. Pacific Coast Land BureauCalifornia Supreme Court · 1892
- Woodward v. McAdamCalifornia Supreme Court · 1894
- Green v. BakerMontana Supreme Court · 1923
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