Gallagher v. Mars

California Supreme Court July 1, 1875

Gallagher v. Mars, 50 Cal. 23 (Cal. 1875)

1875 Cal. LEXIS 75

Opinion of the Court

By the Court:

The alleged agreement on the part of defendant to reconvey the land was void under the Statute of Frauds. The case is one, therefore, in which the plaintiff sold and conveyed the lands to defendant, the latter to pay the purchase-price *26on demand; and as the bringing of this equitable action was a sufficient demand, the plaintiff is entitled to have his vendor’s lien declared and enforced. (Leman v. Whitley, 4 Russell’s Ch. 423.)

Judgment and order reversed, and cause remanded for a new trial.

Reference

Full Case Name: JOHN GALLAGHER v. JAMES A. MARS, CHARLES M. HITCHCOCK, Administrator of the Estate of E. A. HITCHCOCK, JAMES ADAMS and SAMUEL C. HARDING
Cited By: 6 cases
Status: Published
Syllabus: Veebad Agbeement in Sedation to Land.— In case of a sale of land, a verbal agreement made by the vendee when he receives the conveyance, to reconvey the land to the vendor, if he does not pay the purchase-money when demanded by the vendor, is void under the Statute of Frauds. Vendob’s Lien.—A verbal agreement by the vendee to reconvey the land to the vendor if he does not pay the purchase-price, does' not prevent the enforcement of a vendor’s lien. Bbinging Suit is Demand oe Payment.—If the vendor sells and conveys land, with a verbal agreement that the vendee shall pay the purchase-price when demanded, the bringing of an action to enforce a vendor’s lien is a sufficient demand, and the plaintiff is entitled to have his lien enforced.