California Supreme Court, 1855

Bagley v. Eaton

California Supreme Court · Decided July 1, 1855 · Murray

5 Cal. 497

Cases that cite this one

2 later published cases cite this decision.

Gilpin County Mining Co. v. Drake (Colo. 1885)
Battey v. Beebe (Kan. 1879)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

The Court below erred in the conclusions of law from the facts found. The agreement between the parties, is nothing more than a bond for title, the breach of which does not discharge the debt.

*501The plaintiff might either have resorted to a Court of Equity, to enforce its performance, or maintained an action at law; but the parties having stipulated among themselves for a forfeiture, such forfeiture cannot defeat plaintiff’s right to the purchase money.

Judgment reversed, and new trial ordered.

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