California Supreme Court, 1875

Gallagher v. Mars

California Supreme Court · Decided July 1, 1875

50 Cal. 23; 1875 Cal. LEXIS 75

Cases that cite this one

5 later published cases cite this decision.

Spine & Neurosurgery Associates v. United Healthcare Ins. Co. (United States District Court for the Eastern District of California 2020)
Estate of Snook (California Superior Court, San Francisco County 1897)
Wood v. Wood (Ind. 1890)
Barr v. O'Donnell (Cal. 1888)
Thompson v. Tilton (New Jersey Court of Chancery 1881)

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:

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.

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