Murphy v. Rooney

Decided July 1, 1872

California Supreme Court · decided 1872-07-01

The northwest quarter of section thirteen, township eight north, range five east, Mount Diablo meridian, was in the grant by Congress to the Central Pacific Railroad Company. Yovember 1st, 1865, the company had not received a patent therefor, but was willing to sell the same by giving a bond for a deed when the patent was issued. John H. Carroll was occupying some of this quarter section, and James McCloy the other part.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-01

How this case has been cited

Cited by 5 later decisions — most recently February 1959

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court:

¶1Upon looking into the record, we are of opinion that the mutual promises of McCloy and Carroll, contained in the written agreement of November, 1865, constitute a sufficient consideration to support the agreement, and so take it out of the eighth section of the Statute of Frauds.

¶2The Court having found the fact that by mistake of the .draftsman some of the terms of the agreement had been omitted in drawing it up, should have entered a decree re*80forming the instrument in those particulars, and specifically enforcing it as reformed.

¶3Judgment reversed, and cause remanded for further proceedings, not inconsistent with this opinion.