Opinion

Evarts v. Johnston

  • 34 Cal. 2d 6
  • 206 P.2d 633
  • 1949 Cal. LEXIS 135
Court
California Supreme Court
Filed
Jun 3, 1949
Status
Published
Author
Spence
On the bench
Edmonds, Spence
Cited by
9 cases
Authority
More cited than 5.3%

The opinion

SPENCE, J.

I concur in the judgment. Regardless of the question of whether plaintiffs were entitled to the claimed credit of $700, the judgment in favor of defendants must be affirmed for the reason that plaintiffs failed to make out a case for specific performance.

*10 It is well settled that a person is not entitled to specific performance in the absence of pleading and proof that the contract is just and reasonable, and that the consideration is adequate. (Civ. Code, § 3391; Haddock v. Knapp, 171 Cal. 59, 62 [ 151 P. 1140 ]; Dore v. Southern Pacific Co., 163 Cal. 182, 196 [ 124 P. 817 ]; Quann v. Kraseman, 84 Cal.App.2d 550, 551 [ 191 P.2d 16 ]; Foley v. Cowan, 80 Cal.App.2d 70, 74 [ 181 P.2d 410 ]; Mayers v. Alexander, 73 Cal.App.2d 752, 762 [ 167 P.2d 818 ]; Dessert Seed Co. v. Garbus, 66 Cal.App.2d 838, 844 [ 153 P.2d 184 ]; Eichholtz v. Nicoll, 66 Cal.App.2d 67, 69 [ 151 P.2d 664 ]; Remmers v. Ciciliot, 59 Cal.App.2d 113, 116 [ 138 P.2d 306 ]; Page v. Brown, 122 Cal.App. 12, 19 [ 9 P.2d 895 ].)

Plaintiffs failed to meet the burden thus imposed upon them, as they introduced no evidence whatever to show the value of the property. The trial court, therefore, properly made findings in favor of the defendants on the above-mentioned material issues. (Remmers v. Ciciliot, supra; Rancho Santa Margarita v. Vail, 11 Cal.2d 501, 543 [ 81 P.2d 533 ]; Code Civ. Proc., § 1981.) Since these findings alone support the judgment, it is unnecessary to discuss the question of the sufficiency of the evidence to support the remaining findings (Sands v. Eagle Oil & Refining Co., 83 Cal.App.2d 312, 321 [ 188 P.2d 782 ]) or the question of the rights of plaintiffs to the claimed credit of $700.

Carter, J., and Schauer, J., concurred.

Appellants’ petition for a rehearing was denied June 30, 1949. Carter, J., voted for a rehearing.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.