1 Cal. Unrep. 86
Decided May 11, 1860
California Supreme Court · decided 1860-05-11
This was a suit to enforce the delivery of a deed by Pollard and others composing the Shady Creek Water Company, and for an accounting as to the proceeds of a certain interest in the Irish or Double Tunnel Company. The facts were these: On the 17th of June, 1856, Pollard, the agent of the water company, entered' into an agreement with the plaintiff and one Thomas Fant.
Decided 1860-05-11
¶1— The findings of the court are fully sustained by the evidence. The plaintiff is in no situation to call for an enforcement of his contract with the defendants. It is clear that he has failed to perform his part of the agreement, and there is no principle of equity upon which the defendants can be compelled to perform theirs.
¶2The judgment is affirmed.