Ferrea v. Chabot
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to abate a nuisance as well as for the damages resulting from the breach of the agreement in question, but the judgment rendered was for damages only.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought to abate a nuisance as well as for the damages resulting from the breach of the agreement in question, but the judgment rendered was for damages only. The defendant Chabot, who made the agreement with the plaintiff, and acquired thereby certain rights and privileges in consideration of his promise to supply water, subsequently assigned the agreement to his co-defendant, “The Vallejo City Water Company.” The evidence shows that both defendants had…
1Opinion of the CourtMcKee, J.
On the 3d of February, 1870, the plaintiff and defendant entered into the following contract: —
“Whereas, Anthony Chabot is about to construct a reservoir on the Sulphur Spring Creek, about three miles northerly from Vallejo, in Sonoma County, California, and lay down pipes to lead the waters into the city of Vallejo; and, whereas Ficola Ferrea owns a certain piece of land on the said Sulphur Spring Creek, at a point below where said reservoir is about to be constructed by the said Anthony Chabot. Xow, therefore, this indenture witnesseth that the said Forrea, as party of the first part, in…
2Cases cited9 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Russell v. PlaceSupreme Court of the United States · 1877
- Davis v. BrownSupreme Court of the United States · 1877
- Gunzberg v. MillerMichigan Supreme Court · 1879
- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bartlett Hayward Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1928
- Bateman v. KelloggCalifornia Court of Appeal · 1922
- Sanders v. SimcichCalifornia Supreme Court · 1884
- Ferrea v. ChabotCalifornia Supreme Court · 1898
- Tevis v. BeigelCalifornia Court of Appeal · 1957
6 more not listed; retrieve them via the Exa API.