Gallagher v. Mars

California Supreme Court

Gallagher v. Mars

50 Cal. 23, 1875 Cal. LEXIS 75

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4687

StatusPublished

Cited by6 cases

This text of 50 Cal. 23 (Gallagher v. Mars) 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.

Bluebook

Gallagher v. Mars, 50 Cal. 23, 1875 Cal. LEXIS 75 (Cal. 1875).

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Opinion

By the Court:

The alleged agreement on the part of defendant to reconvey the land was void under the Statute of Frauds. The case is one, therefore, in which the plaintiff sold and conveyed the lands to defendant, the latter to pay the purchase-price [26]*26on demand; and as the bringing of this equitable action was a sufficient demand, the plaintiff is entitled to have his vendor’s lien declared and enforced. (Leman v. Whitley, 4 Russell’s Ch. 423.)

Judgment and order reversed, and cause remanded for a new trial.

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By the Court:

The alleged agreement on the part of defendant to reconvey the land was void under the Statute of Frauds. The case is one, therefore, in which the plaintiff sold and conveyed the lands to defendant, the latter to pay the purchase-price [26]*26on demand; and as the bringing of this equitable action was a sufficient demand, the plaintiff is entitled to have his vendor’s lien declared and enforced. (Leman v. Whitley, 4 Russell’s Ch. 423.)

Judgment and order reversed, and cause remanded for a new trial.

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Bluebook (online)

50 Cal. 23, 1875 Cal. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-mars-cal-1875.

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