Agard v. Valencia

Citations

• 39 Cal. 292

Syllabus

<p>Fifteenth Judicial District foe Contra Costa County.—When Obdebs May be Made.—A judgment on demurrer rendered in the District Court of the Fifteenth Judicial District for Contra Costa County, in open Court, is valid, notwithstanding the order sustaining the demurrer was made in San Francisco and entered on the minutes during vacation.</p> <p>Peactcce.—Judgment on Demubreb—Appeal from. — The judgment is an adjudication on the demurrer, and it is only the judgment, and not the order 'sustaining the demurrer, from which an appeal may he taken; but on an appeal from the judgment the order may he reversed in proper cases.</p> <p>Specific Performance.—Ambiguity.—In a suit for specific performance, the contract must he so free from ambiguity as to leave no reasonable doubt of the intentions of the parties.</p> <p>Idem. —It must he shown that the contract is fair and just, and that it would not he inequitable to enforce it.</p> <p>Idem—Action for.—Parties.—In an action for specific performance of a contract to convey an undivided interest of a specified quantity of land in a larger tract, all persons subject to the plaintiff’s equity, and holding adversely to him, must he made parties to the proceeding.</p> <p>Idem.—Where there is hut one contract and one cause of action under it, there can he but one action, in which the rights of all the parties can he adjusted.</p> <p>Injunction___A perpetual injunction against a judgment in ejectment will not be allowed on grounds which could have been set up as a legal defense in the action at law.</p>