Wills v. Kempt

California Supreme Court

Wills v. Kempt

17 Cal. 98

CourtCalifornia Supreme Court

DecidedJuly 1, 1860

StatusPublished

Cited by3 cases

This text of 17 Cal. 98 (Wills v. Kempt) 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

Wills v. Kempt, 17 Cal. 98 (Cal. 1860).

Pincite

Opinion

Cope, J. delivered the opinion of the Court

Field, C. J. and Baldwin, J. concurring.

The objection that the complaint does not show a sufficient consideration for the agreement is not well taken. The agreement is under seal, and it is unnecessary thEit the consideration should have been expressed. The law imports a consideration from the seal, and no averment upon the subject was required. (See McCarty v. Beach, 10 Cal. 461.)

The demurrer was properly overruled, and the judgment is affirmed.

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Cope, J. delivered the opinion of the Court

Field, C. J. and Baldwin, J. concurring.

The objection that the complaint does not show a sufficient consideration for the agreement is not well taken. The agreement is under seal, and it is unnecessary thEit the consideration should have been expressed. The law imports a consideration from the seal, and no averment upon the subject was required. (See McCarty v. Beach, 10 Cal. 461.)

The demurrer was properly overruled, and the judgment is affirmed.

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Bluebook (online)

17 Cal. 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wills-v-kempt-cal-1860.

Opinion

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