California Supreme Court, 1860

Wills v. Kempt

Wills v. Kempt
California Supreme Court · Decided July 1, 1860 · Cope
17 Cal. 98
Wills v. Kempt

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

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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