Wallace v. Mayor of San Jose

By the Court, Currey, J.

This action was brought on a contract, under seal, purporting to have been executed on the 8th of April, 1863, by the *182defendant, a municipal corporation, of the first part, and the plaintiff, an attorney and counsellor at law, of the second part.

This contract,.in the first place, recites that the City of San José at that date claimed to be the owner and entitled to possession and control of certain lots and parcels of land situate within its corporate limits, which before then were devoted and dedicated by the city, through 'its corporate authorities,to educational…