WIARD V. BROWN
59 Cal. 194 (1881)
NATURE OF THE CASE: This was an appeal from a judgment directing cancellation of a
document signed by Wiard (P).
FACTS: P created an option contract document with consideration at one dollar for the
purchase of land for $125,000 in gold coin to be paid on or before October 1st 1877. P sued
Brown (D) to get the document cancelled. P alleged it was created without consideration and
was never delivered to D. The court found that it was merely a proposal given to Kennedy,
the supposed agent of P, to show to D. D looked at it and immediately sent it back to P
through Kennedy without assenting, accepting or agreeing to the terms. Kennedy denied he was
the agent of P and kept the paper, had it acknowledged by an attesting witness and recorded
it. Kennedy then told everyone that there was a contract between P on one side and Kennedy,
Brown and another Putnam on the other. However, no one ever communicated that fact to P. P
withdrew the proposal and sued for cancellation. The court refused specific performance and
ordered that the paper be delivered up for cancellation. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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