Metrovich v. Jovovich
Citations
- 58 Cal. 341
- 1881 Cal. LEXIS 228
Syllabus
<p>Undertaking to Release Attached Property—Breach oe Undertaking.—The condition of the undertaking given under § 565 Code of Civil Procedure to release attached property, requires the property to he redelivered, or its value paid upon a judgment for the plaintiff; and the terms of the undertaking are not complied with by an offer to return or by a return of a portion of the property attached.</p> <p>Id,—Id.—Measure op Damages—Conflict of Evidence.—In an action for breach of such an undertaking, in which it appeared that a portion of the attached property was levied upon and sold by the sheriff under an execution upon the judgment:</p> <p>Held, that the measure of damages was the full value of the property attached less the amount of the proceeds of the sale.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- perpetual option to purchase land is direct violation of the rule against perpetuities, although a perpetual lease or the perpetual right to renew a lease does not violate the rule
Source: CourtListener parenthetical corpus (CC0).
Judges: Morrison
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.