47 Cal. 142
Decided July 1, 1873
California Supreme Court · decided 1873-07-01
May 28th, 1872, the plaintiff, through his broker, S. Lacour, made a verbal contract with Klopenstine, by which Klopenstine was to sell him 100 shares of Pioche mining stock for $1,350.
Relies on Sherman v. Barnard
Good law ✅— No negative treatment on recordhow we know
Decided 1873-07-01
Cited by 5 later decisions — most recently December 1950
1 federal appellate · 4 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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¶1The contract between Laeour and Klopenstine was for the purchase of 100 shares of mining stock for the sum of $1,350. No part of the stock was delivered, nor was any portion of the purchase money paid, nor was any note or memorandum of the sale or transaction made or signed by any person. Under our statute of frauds the contract was void, and its assignment to the defendants furnished no consideration for the promise declared on. (Sherman v. Barnard, 19 Barb. 291.)
¶2Judgment affirmed.