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Hewlett v. Miller

Supreme Court of California
Feb 20, 1883
63 Cal. 185 (Cal. 1883)

Opinion

         APPEAL from a judgment of the Superior Court of the county of Sacramento, and from an order refusing a new trial.

         COUNSEL:

         H. C. Firebaugh and Rhodes & Barstow, for Appellant.

         Estee & Boalt, and Beatty & Beatty, for Respondent.


         OPINION

         In Bank

         PER CURIAM.

         The opinion in this case rendered by Department One is hereby approved and adopted as the opinion of the court in Bank, and the following additional authorities are referred to in support of the same. ( Joslyn v. Wyman, 5 Allen, 62; Stone v. Lane, 10 Allen, 74; Upton v. National Bank, 120 Mass. 153.)

         Judgment and order affirmed. Rehearing denied.

         Opinion of the Department:

         PER CURIAM. -- In an action for the specific performance of a written contract to convey real estate, it is competent for the defendant to show that by a subsequent parol agreement he was to retain the title until other money than that named in the original contract (which had been loaned by him) should be repaid; and he may properly refuse to convey until such other money be repaid. ( Clark v. Grant, 14 Ves. Jr. 519; Quinn v. Roath, 37 Conn. 16.) This is practically the only question involved in this case. The judgment is therefore affirmed.


Summaries of

Hewlett v. Miller

Supreme Court of California
Feb 20, 1883
63 Cal. 185 (Cal. 1883)
Case details for

Hewlett v. Miller

Case Details

Full title:P. B. HEWLETT, APPELLANT, v. MARK. A. MILLER, RESPONDENT

Court:Supreme Court of California

Date published: Feb 20, 1883

Citations

63 Cal. 185 (Cal. 1883)

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