Dougherty v. Rosenberg
California Supreme Court
Appeal by the plaintiff from the judgment of the District Court of the Fifteenth Judicial District of the State of California, in and for the City and County of San Francisco. Dwinelle, J. Action on contract. The facts are stated in the opinion of the Court. After decision by Department No. 1, a petition for hearing in bank was filed and denied.
1Opinion of the Court
McKinstry, J.:
The complaint alleges that plaintiff, being about to commence separate suits against Michael Beese (defendant’s testator), J. W. Brittain, and D. V. B. Henarie for the enforcement of certain assessment liens against each of three several lots of land owned by said persons respectively. Reese (on the twentieth day of May, 1870) verbally promised plaintiff, that in consideration that plaintiff would not bring the suit to enforce the lien against the lot owned by him, but would “ altogether forbear” to bring such suit, and would commence and prosecute suits against Brittain and…
2Cases cited1 opinion
- Broadwell v. GetmanNew York Supreme Court · 1846
3Cited by6 opinions
- Mayborne v. Citizens Trust & Savings BankCalifornia Court of Appeal · 1920
- Hollywood Motion Picture Equipment Co. v. FurerCalifornia Supreme Court · 1940
- Columbia Pictures Corp. v. DeTothCalifornia Court of Appeal · 1948
- Raynor v. DrewCalifornia Supreme Court · 1887
- Lloyd v. KleefischCalifornia Court of Appeal · 1941
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