Opinion

Fresno Canal & Irrigation Co. v. Dunbar

  • 80 Cal. 530
  • 22 P. 275
  • 1889 Cal. LEXIS 952
Court
California Supreme Court
Filed
Sep 16, 1889
Status
Published
Author
McFarland
On the bench
McFarland, Works
Cited by
18 cases

The opinion

McFarland, J., concurring.

I concur in the judgment of reversal; but in my opinion the contract sued on is not one that can be enforced against the land in the hands of subsequent grantees. It is true that the contract is not strictly what is usually called a “covenant running with the land,” but it is in the nature of such a covenant, and has practically the same consequences. In my opinion, therefore, it is within the meaning of sections 1460 et seq. of the Civil Code; and not having been made in a case, and in the manner contemplated by those sections, it is invalid, except as between the original contracting parties.

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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