King v. Meyer

Citations

• 35 Cal. 646
• 1868 Cal. LEXIS 135

Syllabus

<p>Finding of Fact on Appeal when the Evidence is Conflicting.—Where, on appeal, it appears there was a substantial conflict in the evidence on the material issues embraced in the findings of fact made by the Court below, such findings will not be disturbed.</p> <p>Parol Contract for Sale of Land—When Enforceable.—K. entered into a parol contract with L. to convey to L. a tract of land, upon the payment of a stipulated price therefor. L. paid the price as stipulated, and was let into possession. Thereafter K. brought ejectment to recover the possession of said land, to which action L. pleaded said contract and its said part performance, and prayed judgment for its complete performance on the part of K.: Held, that a judgment for L. as prayed was properly rendered.</p> <p>Idem—When Objection Cannot be Taken for First Time in Appellate Court.—Where, in such case, K. objected to the legality of such contract, because in contravention of the Pre-emption Laws of the United States, for the first time in this Court: Held, that it was unavailable, because not presented in the Court below.</p>