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Wiard v. Brown

California Supreme Court

59 Cal. 194 (1881)

Facts

Wiard (plaintiff) signed a document, as a proposal, agreeing to sell about 56 acres of land, including a racetrack, to Brown (defendant), or his heirs or assigns, for $125,000. The document included a notation that the agreement was supported by consideration of $1. Wiard sent the document to Wiard’s agent, Kennedy (defendant). Kennedy then sent it to Brown, but Brown never decided to accept it. Kennedy then falsely stated he was Brown’s assignee and had the sale agreement witnessed and recorded. Wiard learned of this and sought to have the proposal withdrawn and cancelled. Wiard sued Brown and Kennedy for that reason. The trial court found for Wiard and ordered cancellation of the document. Kennedy appealed.

Rule of Law

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Issue

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Holding and Reasoning (McKee, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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