Plath v. Kitzmuller

Citations

• 52 Cal. 491

Syllabus

<p>Statute of Frauds—Sale of Bead Estate—Finding not Supported bt Evidence.—P and K were partners in the business of carriage-making, and the firm owned, among other property, an interest in certain real estate evidenced by a contract of sale, in accordance with which most of the purchase-money had been paid. P agreed to sell out his interest in the firm to K, and tendered a written bill of sale of all his interest in the firm property, but did not offer a deed specially to convey his interest in the real estate. Held in assumpsit by P against K for the sum agreed to be paid by K, that the evidence would not support a finding that a sufficient tender had been made by P.</p> <p>Idem—Pleading.—In such a case, it is not necessary to plead the Statute of Frauds.</p>