California Supreme Court, 1907

San Diego Realty Co. v. Cornell

California Supreme Court · Decided May 13, 1907 · HENSHAW, J.

90 P. 1130; 151 Cal. 197; 1907 Cal. LEXIS 413

Cases that cite this one

3 later published cases cite this decision.

Davis v. Le Mesnager (Cal. 1907)
Holland v. Hotchkiss (Cal. 1912)
Hotchkiss v. Hansberger (Cal. Ct. App. 1911)

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

This case is in all respects identical with that of San DiegoRealty Co. v. Cornell, L.A. No. 1709, decided March 8, 1907,150 Cal. 637, [89 P. 603]. There was the same tender of the amount due, the same refusal to accept and an offer by plaintiff to pay the amount found justly due. The court's findings were in accordance with the complaint, but in its decree (seemingly doubting its power to accept the tender, as was done in L.A. No. 1709), it decreed an injunction and a reassessment of the property. It should have granted the relief plaintiff prayed for upon payment of the amount which it found to be justly due. As this may be done upon the findings actually made, there is no occasion for a reversal of the judgment, and it is ordered that the judgment be modified in this respect.

McFarland, J., and Lorigan, J., concurred.

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