Patten v. Hicks
California Supreme Court
Appeal from the Bistrict Court of the Third Judicial Bistrict, Santa Cruz County. The complaint averred, that on the 10th' day of May, 1869, the plaintiff and defendants made an agreement, by which the plaintiff was to cut saw-logs on the defendants’ land and deliver at the defendants’ sawmill sufficient to keep the defendants’ mill running to its full capacity for the period of two years from the date of the contract, and that the defendants were to pay the plaintiff five…
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Appeal from the Bistrict Court of the Third Judicial Bistrict, Santa Cruz County. The complaint averred, that on the 10th' day of May, 1869, the plaintiff and defendants made an agreement, by which the plaintiff was to cut saw-logs on the defendants’ land and deliver at the defendants’ sawmill sufficient to keep the defendants’ mill running to its full capacity for the period of two years from the date of the contract, and that the defendants were to pay the plaintiff five dollars and fifty cents per thousand feet for all lumber timber so cut and delivered, to be ascertained and measured at…
1Opinion of the Court
By the Court,
Belcher, J.:
The contract declared on was not to be performed within one year from the making thereof) and the parties having failed to reduce it to writing, or to make any note or memorandum thereof, it is within the Statute of Frauds and void.
For the labor and services performed under this void contract the plaintiff can only recover on a quantum meruit. Ho such count being found in the complaint, the judgment must be reversed.
When the case is again in the Court below the plaintiff may amend his complaint if he is so advised.
Judgment reversed and cause remanded.
Mr. Justice…
2Cited by8 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Brown v. Crown Gold Milling Co.California Supreme Court · 1907
- Dreidlein v. MangerMontana Supreme Court · 1923
- Cozad v. ElamMissouri Court of Appeals · 1905
- Fabian v. Wasatch Orchard Co.Utah Supreme Court · 1912
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