Bartlett v. Aitken
48 Cal. 405
Cal.
1874
Check Treatment
By the Court.

The plaintiff seeks to recover damages for a breach of a verbal contract to r¡ convey real estate. No such action can be maintained, at law.

If it be claimed that the conveyance from plaintiff to defendant was intended as a mortgage, the former must apply to a Court of equity so to declare.

Judgment sustaining the demurrer to the amended complaint is affirmed.