Murphy v. Rooney

Citations

• 45 Cal. 78

Syllabus

<p>Mutual Promises Take Contract Out oe Statute oe Frauds.— When two parties, who are each in possession of adjoining tracts of land on the same quarter section, apply to the owner to purchase, each one half of the same, and enter into a mutual written agreement, that each shall deed to the other the land he obtains a title to, which is in the possession of the other, upon being reimbursed the money he pays for the same, these mutual promises constitute a sufficient consideration to support the agreement, and take it out of the eighth section of the Statute of Frauds.</p> <p>Beeorming Written Contracts.—When, by the mistake of a draftsman, some of the terms of an agreement are omitted in reducing it to writing, it should be reformed by the Court, and be enforced as reformed.</p>