Legal Opinion

Eichelberger v. Mills Land & Water Co.

California Court of Appeal

Decided December 31, 1908No. Civ. No. 611PublishedCited by 37 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. W. P. James, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

This is an action to rescind a contract made with defendant' Mills Land and Water Company whereby plaintiffs agreed for a stipulated" sum, payable as therein specified, to buy certain real estate described in said contract, and to recover a cash payment made to said Mills Land and Water Company on account of said purchase; also, to procure the repayment of certain moneys and the surrender and cancellation of certain notes paid to and deposited with defendant, Title Guarantee and Trust Company (a corporation), to be held by it in escrow pending the consummation of such purchase.

The contract…

2Cases cited25 opinions

  1. Lady Washington Consolidated Co. v. WoodCalifornia Supreme Court · 1896
  2. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
  3. Teschemacher v. ThompsonCalifornia Supreme Court · 1861
  4. Cottrill v. KrumSupreme Court of Missouri · 1890
  5. Ward v. MulfordCalifornia Supreme Court · 1867

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3Cited by37 opinions

  1. Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
  2. Teague v. HallCalifornia Supreme Court · 1916
  3. Nathanson v. MurphyCalifornia Court of Appeal · 1955
  4. Shearer v. CooperCalifornia Supreme Court · 1943
  5. Werline v. AldredSupreme Court of Oklahoma · 1916

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