Study Aids
Case Briefs Overview
Casebooks
Case Briefs
K

Kelly v. Central Pacific Railroad Co.

74 Cal. 557 (1888)

From our private database of 47,000+ case briefs, written and edited by humans—never with AI.

Kelly v. Central Pacific Railroad Co.

California Supreme Court
74 Cal. 557 (1888)

JL

Facts

Central Pacific Railroad (defendant) held title to land along its railroad. Central Pacific offered tracts for sale, with a preference to be given to persons currently living on those tracts. Kelly (plaintiff) falsely represented to Central Pacific that he was living on a tract and entered into an agreement to purchase the tract. Kelly sent a down payment to Central Pacific. However, Cole was living on that tract. When Central Pacific discovered the misrepresentation, it returned the down payment to Kelly. Kelly then refused to accept the money back and sued Central Pacific for specific performance. Cole intervened in the lawsuit, and the trial court ordered Kelly to convey the land to Cole. Kelly appealed.

Rule of Law

Issue

Holding and Reasoning (Hayne, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 899,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 899,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 47,000 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 899,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 47,000 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Remedies

Key Terms