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
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.