Windsor v. Miner

Citations

• 124 Cal. 492
• 57 P. 386
• 1899 Cal. LEXIS 1021

Syllabus

<p>Specific Performance—Pleading—Adequacy of Consideration—Reasonableness of Contract—Nonsuit.—In an action to enforce the specific performance of a contract for the purchase of land, the complaint must state the value of the land, or state facts from which the court may determine whether the consideration is adequate, and whether the contract is as to the defendant just and reasonable; and if no such facts are averred or proved, a motion for a nonsuit should be granted.</p> <p>Id.—Option to Purchase — Allegations as to Improvements. — Allegations and proof as to improvements made by the plaintiff on leased land, which he was given an option in the lease to purchase, cannot obviate defects in his case in not averring and proving facts showing adequacy of the consideration and fairness of the contract.</p> <p>Id.—Allegation of Answer—Defects of Plaintiff’s Case not Aided. An allegation made in the answer that there was no adequate consideration to support the option to purchase cannot supply the want of an affirmative allegation in the complaint on that subject. Much less can it cure the absence of evidence of an adequate consideration.</p>