Bartlett v. Aitken

California Supreme Court
Bartlett v. Aitken, 48 Cal. 405 (Cal. 1874)
1874 Cal. LEXIS 165

Bartlett v. Aitken

Opinion of the Court

By the Court.

The plaintiff seeks to recover damages for a breach of a verbal contract to r¡ convey real estate. No such action can be maintained, at law.

If it be claimed that the conveyance from plaintiff to defendant was intended as a mortgage, the former must apply to a Court of equity so to declare.

Judgment sustaining the demurrer to the amended complaint is affirmed.

Reference

Full Case Name
EARL BARTLETT, of the will of George Lumley v. CHARLES H. AITKEN
Cited By
2 cases
Status
Published
Syllabus
Damages eob Reeusad to Reconvey Land.—An action -will not lie to recover damages for the breach of a verbal contract to reconvey real estate, formerly conveyed by the plaintiff to the defendant.