gno.law

Bartlett v. Aitken

California Supreme Court · No. 4,233 · 1874-07-01 · Published · 48 Cal. 405 · 1874 Cal. LEXIS 165

EARL BARTLETT, of the will of George Lumley v. CHARLES H. AITKEN

Area
civil

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

By the Court.

The plaintiff seeks to recover damages for a breach of a verbal contract to r¡ convey real estate. No such action can be maintained, at law.

If it be claimed that the conveyance from plaintiff to defendant was intended as a mortgage, the former must apply to a Court of equity so to declare.

Judgment sustaining the demurrer to the amended complaint is affirmed.

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