Wills v. Kempt
California Supreme Court
Wills v. Kempt, 17 Cal. 98 (Cal. 1860)
Cope
Wills v. Kempt
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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- Syllabus
- jN suit upon an agreement under seal, the complaint setting out the agreement in licec verba need not aver any consideration for the agreement. The seal imports a consideration.