California Supreme Court, 1873

Kelly v. Mack

California Supreme Court · Decided July 1, 1873

45 Cal. 303

Cases that cite this one

1 later published case cites this decision.

Hollypark Realty Co. v. MacLoane (Cal. Ct. App. 1958)

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

By the Court:

This is an action to recover the purchase money for a tract of land sold by the plaintiff to the defendant, and to enforce *304a vendor’s lien. One of the terms of the contract of sale was, that upon the payment of the purchase money the plaintiff would execute and deliver to the defendant a deed of conveyance of his (the plaintiff’s) right, title, and interest in the land. The complaint contains no allegation of the tender of a deed of conveyance, and on this ground, among others, the defendant demurred to the complaint. The demurrer should have been sustained on this ground. That is the well established doctrine of this Court. (Hill v. Grigsby, 35 Cal. 661; Bohall v. Diller, 41 id. 532.)

Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.