California Supreme Court, 1881

Frixen v. Castro

California Supreme Court · Decided July 1, 1881

58 Cal. 442; 1881 Cal. LEXIS 251

Cases that cite this one

1 later published case cites this decision.

Dorris v. Sullivan (Cal. 1891)

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

The Court:

It is essential that the plaintiff’s pleadings show a readiness and willingness on his part to pay the balance of the purchase *443price for the land which he seeks to compel the defendant to convey to him. (Fry on Spec. Per., § 608; Waterman on Spec. Per., § 96.) In the complaint in this case as amended, there is no such showing.

The complaint is also defective, to say the least, in the averments respecting part performance.

Judgment reversed and cause remanded with directions to sustain the demurrer to the complaint as amended, with leave to the plaintiff to amend in such particulars as he may be advised. -

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