Frixen v. Castro
This text of 58 Cal. 442 (Frixen v. Castro) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is essential that the plaintiff’s pleadings show a readiness and willingness on his part to pay the balance of the purchase [443]*443price for the land which he seeks to compel the defendant to convey to him. (Fry on Spec. Per., § 608; Waterman on Spec. Per., § 96.) In the complaint in this case as amended, there is no such showing.
The complaint is also defective, to say the least, in the averments respecting part performance.
Judgment reversed and cause remanded with directions to sustain the demurrer to the complaint as amended, with leave to the plaintiff to amend in such particulars as he may be advised. -
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Cite This Page — Counsel Stack
58 Cal. 442, 1881 Cal. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frixen-v-castro-cal-1881.