Malone v. Crescent City Mill & Transportation Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Del Norte County, and from an order denying a new trial. The complaint contained the following averments respecting the contract in question: — “That on the nineteenth day of December, 1883, the defendant, the Crescent City Mill and Transportation Company, was, ever since has been, and now is, a corporation, duly incorporated under the laws of the state of California, and doing business in Del Norte County in said state.
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Appeal from a judgment of the Superior Court of Del Norte County, and from an order denying a new trial. The complaint contained the following averments respecting the contract in question: — “That on the nineteenth day of December, 1883, the defendant, the Crescent City Mill and Transportation Company, was, ever since has been, and now is, a corporation, duly incorporated under the laws of the state of California, and doing business in Del Norte County in said state. “ That on said nineteenth day of December, said defendant C. F. Murray was indebted to this plaintiff in the sum of one…
1Opinion of the CourtPaterson, J.
The demurrer was properly overruled. The complaint alleges that the defendant (by its president, J. Wenger) made and entered into the agreement set forth therein. The contract is signed, “ The Crescent City Mill and Transportation Company, by J. Wenger, President.” If the president, as such, had no authority to enter into the contract, it was a matter of defense. The allegation that the defendant made the contract is sufficient, certainly as against a general demurrer. In other respects we think the complaint was sufficient. A copy of the contract is set forth therein. It is assumed by the…
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