Fuller v. Reed

Citations

• 38 Cal. 99
• 1869 Cal. LEXIS 120

Syllabus

<p>Contracts.—If the parties to an alleged contract agree that it shall he reduced to writing, in an instrument to he signed hy them, it will not he obligatory on them without the execution of such written instrument.</p> <p>Frauds—Statute oe.—If a part of an entire contract is void under the Statute of Frauds, it is void in ioto.</p> <p>Idem. —HE. orally agrees with F. to give him a certain portion of the purchase money, and also a certain parcel of land, for his services in effecting the sale of B.’s land, there being no note or memorandum, in writing, of the promise, the whole contract, as well for the money as for the land, is void, and no action will lie either for the money or the land.</p> <p>Action eob Money Paid ob Services Bendebed undeb a Void Conteact.—In such case the injured party has no remedy at law upon the contract; he may, however, disaffirm the contract, and maintain his action to recover hack the money paid, or the value of the services rendered.</p> <p>Damages—Measure oe—Evidence.—In an action for a breach of a valid contract for the conveyance of land, the measure of damages would be the value of the land agreed to be conveyed. But, for the recovery of money paid, or services rendered upon a void contract for the conveyance of land, the measure of plaintiff’s relief is the amount of the money paid and interest, or the value of the services rendered; and, in such a case, evidence of the value of the land is inadmissible. c</p>