Wills v. Kempt
Cases that cite this one
3 later published cases cite this decision.
- Anderson v. Rucker Bros. (Wash. 1919)
- Lambert v. Haskell (Cal. 1889)
- Northern Kansas Town Co. v. Oswald (Kan. 1877)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.