Opinion

Smith v. Bangham

  • 156 Cal. 359
  • 104 P. 689
  • 1909 Cal. LEXIS 335
Court
California Supreme Court
Filed
Oct 8, 1909
Status
Published
Author
Beatty
On the bench
Beatty, Melvin, Sloss
Cited by
78 cases

recognizing the enforceability of a contract for the option to purchase land

How later courts described this case

  • recognizing the enforceability of a contract for the option to purchase land

Written by the judges who cited it.

The opinion

BEATTY, C. J., dissenting.

I dissent. A dollar is not an adequate consideration for such an option as is here held to defeat the right of Mrs. Bangham to declare a homestead upon property occupied as such. It was a merely nominal consideration, and as against a right so highly and so deservedly favored as the right of homestead it should be disregarded by a court of equity.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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