[DOWNLOAD] "Robert W. Beverage V. Canton Placer Mining Co." by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Robert W. Beverage V. Canton Placer Mining Co.
- Author : Supreme Court Of California
- Release Date : January 14, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Plaintiffs appeal from a judgment on the pleadings in an action to enforce specifically defendant mining company's contract to convey certain real property and to quiet the adverse claim of defendant Heney. Defendants' objections to the introduction of evidence and their motion for judgment on the pleadings were based on the following grounds: (1) the complaint failed to state a cause of action because of insufficiency of the property description in the alleged contract to satisfy the statute of frauds (Civ. Code, § 1624; Code Civ. Proc., § 1973); (2) the complaint failed to allege a tender of the balance of the purchase price as a condition precedent to performance by the vendor; (3) the complaint affirmatively showed laches in the prosecution of the alleged claim; and (4) the complaint failed to allege that the consideration for the agreement was adequate and as to defendant company, that the agreement was just and reasonable. (Civ. Code, § 3391.)