Heinlen v. Martin , 53 Cal. 321 ( 1879 )

Rhodes, J., dissenting:

I would readily concur in several of the propositions discussed in the foregoing opinion, if, in my judgment, they were presented by the record; but as I view the case, the contract which is specifically enforced is not pleaded, and its introduction in evidence was objected to by the defendants. I therefore dissent from the opinion and judgment.

Wallace, C. J., being disqualified, did not participate in the decision.