Lowell v. Kier

California Supreme Court July 1, 1875

Lowell v. Kier, 50 Cal. 646 (Cal. 1875)

Opinion of the Court

By the Court :

The action to compel the specific performance of the agreement mentioned in the complaint was brought within the period limited for its commencement against Whipple, had he lived.

It is not barred merely because it was not brought within one year after the issuance of letters to the defendants. *648The first clause of section 353 of the Code of Civil Procedure, while it may under some circumstances prolong the time originally limited, cannot operate in any case to shorten it.

Judgment and order affirmed.

Reference

Full Case Name: A. J. LOWELL and WM. H. KELLY v. H. KIER and G. HAGENMEYER, Executors of the Will of E. J. WHIPPLE
Cited By: 7 cases
Status: Published
Syllabus: Specific) Peefoemance of Conteact.—An action to compel the specific performance of an agreement to convey real estate may be brought within two years after the time the cause of action accrues, and the time is not shortened by the facts that the person bound to convey dies, and executors of his will are appointed more than one year before the action is commenced.