Bartlett v. Aitken
California Supreme Court Jul 1, 1874 No. No. 4,233Published
Synopsis
Damages eob Reeusad to Reconvey Land.—An action -will not lie to recover damages for the breach of a verbal contract to reconvey real estate, formerly conveyed by the plaintiff to the defendant.
By the Court. 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.
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