DocketNumber: No. 4,233
Citation Numbers: 48 Cal. 405, 1874 Cal. LEXIS 165
Filed Date: 7/1/1874
Status: Precedential
Modified Date: 11/2/2024
The plaintiff seeks to recover damages for a breach of a verbal contract to r¡ convey real estate. No such action can be maintained, at law.
If it be claimed that the conveyance from plaintiff to defendant was intended as a mortgage, the former must apply to a Court of equity so to declare.
Judgment sustaining the demurrer to the amended complaint is affirmed.