gno.law

Wills v. Kempt

California Supreme Court · · 1860-07-01 · Published · 17 Cal. 98

WILLS v. KEMPT

Area
civil
Panel
Cope (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Cope

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.

Cites, in this corpus

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