California Supreme Court, 1874

Bartlett v. Aitken

Bartlett v. Aitken
California Supreme Court · Decided July 1, 1874
48 Cal. 405; 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.

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